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Neighbours & demolition of wall

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  • Neighbours & demolition of wall

    I'd be very grateful for any advice. Our neighbours are threatening demolition of a wall which is part of a habitable area, our extension, which has all utilities and has existed for 20 years, as they want to dig deeper foundations. Surely demolition can only be ordered by Councils eg for slum clearance?

    Is there anything in law we can use re protection of a 'habitable area' as well as party wall laws?

    Many thanks.
    Tags: None

  • #2
    Re: Neighbours & demolition of wall

    Hi, would need some more details

    Is the wall part of the boundry wall
    Is it on there land or yours
    Is it on the plans

    is the wall part of a building ?

    as they want to dig deeper foundations
    Have they said what for, and have they offered to rebiuld you wall afterwards ?

    Is there anything in law we can use re protection of a 'habitable area' as well as party wall laws?
    Planning laws, local area plan ( a document from local council ), is it a conservation area.
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

    Comment


    • #3
      Re: Neighbours & demolition of wall

      Thanks for reply. The wall is part of the boundary wall on our land. It's not shown on plans (Do you mean their architects plans?). The neighbours want to build up - to 2 storeys. Obviously it's massive destruction so we won't consider rebuilding.

      Comment


      • #4
        Re: Neighbours & demolition of wall

        If it's been there for 20yrs (and you can evidence that), I'd expect them to have problems getting planning permission to demolish it :noidea: ... have you spoken to your local council at all?
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

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        • #5
          Re: Neighbours & demolition of wall

          Originally posted by Vicky7 View Post
          . The wall is part of the boundary wall on our land.
          Have your neighbours given any indication of how, IF YOU GIVE PERMISSION, they are prepared to reinstate your wall, make good all damage, arrange alternative accommodation for you whilst the work continues and then compensate for the disruption?

          If not, and if you do not want to give permission they have a problem.
          If you have a mortgage, your lender may need to give permission as well.

          If the wall is on your land how do they propose to demolish it and then build without facing a claim for damages for trespass if you do not authorise it?
          Write (signed for) to them advising that you do not give permission for them to demolish your wall.

          Comment


          • #6
            Re: Neighbours & demolition of wall

            U can not just reliy on the fact its been there 20yrs to block them.

            Is ot a wall or a building. U mwntion an extention. did they say anything specific about the footings of your wall/or building

            ight not be able to stop them. Please put down the full details so u can get the correct advise
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment


            • #7
              Re: Neighbours & demolition of wall

              Thanks for your thoughts. I am thinking of ways to evidence the 20 years. I could try the local Council but they gave planning permission for the neighbours building. We were not sent the application as it falls under the party wall act.

              Comment


              • #8
                Re: Neighbours & demolition of wall

                The local planning office might not have been aware of your wall when the plans were submitted. (And didn't bother to check, usual efficiency). It was hinted that your wall didn't appear on the plans so the architect may not have been on site to see it.

                Definitely council planning department this morning.

                Comment

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