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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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A developer has extended the house next door to ours. The

Customer Question

A developer has extended the house next door to ours. The extension is virtually on the boundary of both properties such that though the developer has planning permission for the build and the rendering of the build. He will be unable to render the build from his own property but will need access our property with scaffolding to render his property. The developer has stated that he does not consider that the Party Wall Act 1996 applies in this case and if we refuse him access and I quote his own words:
"until such time we are forced by planning compliance to complete the rendering of the wall in accordance with the planning consent we will continue to build the approved extension as party wall agreement is not applicable in this case.
We will seek enforcement to access your property should planner insist on compliance , we will also be seeking compensation for all costs incurred including but not limited to contractors fees, additional time and re-hiring of equipment and legal costs where applicable."
What is the developer's position if we refuse access? Can the fact that he has planning consent is the act of rendering enforceable by the Town Planner? Can this developer gain such access under law thus over ruling Trespass to Land and the Access to Neighbouring Land Act 1992 and would we indeed be liable for all of the costs which he states that he would claim?
Regards *****
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Is it the access for the completion which is the problem or is there is still a party wall issue?