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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
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Hi my neighbour and I have submitted separate applications

Customer Question

Hi my neighbour and I have submitted separate applications to extend our properties but I don't want to build at the speed the neighbour is building their property. They said if I don't use their builder then they wont extend at all , they said that I will also not be able to build my extension if they don't build theirs. Is this true as its not a joint application. Would it change anything if the council stated that they had to be a mirror image pair of extensions as planning permission has already been granted seperately. Can I go ahead and do mine anyway even if they decide they no longer to do theirs?

Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Do you propose to use the same centre wall as a common/party wall?
Why do they want you to use their builder?
Full details please.
Thanks
Customer: replied 4 years ago.


Hello yes it will be the same party wall, they said it would be less costly to use the same builder. The full details are on the Horsham planning application website to view,


 


Regards

Expert:  Stuart J replied 4 years ago.

If u don’t use the same centre wall, each extension will be about 0.6m narrower as you will both not practically be able to build right up to the boundary. He can build close but if the neighbour goes ahead and is built from one side (he cant come onto your land for new building works, only maintenance, without consent), then built from one side, the side you will be looking at will usually be a mess as builders cant finish it off

It is an impossibility for both of you to use different builders to do same centre wall.

The way around this is for you to contribute 50% to cost of centre wall only on grounds that you can use it and build onto it. On the same basis you agree that he can come onto yrs to do his building provided he reinstates any mess. That way you are also looking ata finished wall, not one built from one side and badly finished until your extension is finished. It does need a formal agreement which can be a letter. Better from solicitors to cover all angles, but no legal reason

That way he can build now, right up to centre line, you get one wall completed now at half price. You can build when you like. If you both don’t agree that, you both lose out.

Make sure he doesn’t try to rip you off on cost of the proportion of just the centre wall

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Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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