brother is concerned that his neighbours two storey extension will reduce the value of his property, he and other neighbours objected to the planning application but it was granted

neighbour doesn’t understand the concept of a party wall extension (he is from ellesmere port) and has moved out now – so not around to discuss face to face, no works have started yet

brother has now just found out the all the property deeds on his street have in their register a conveyance stating that the affected walls are party walls, but more importantly they cannot be raised or lowered without the effected neighbours consent

can he go back to the planning authority with this information? and complain that the planning application breaches the basic property deeds agreement? i.e. if your neighbour says no you can’t raise the party wall ?

Covenants and party wall agreements are entirely separate from the planning process and are not considered.

What ebygomm said. Just because you have planning doesn’t mean you can build. There are lots of boxes to tick, planning just says the council are happy. Party wall and covenant stuff will be between your bro and the neighbour. Could get complicated and involve lawyers, though.

If lawyers do get involved it will, I would think, be easier and cheaper to do it now before anything is built than to try and remedy it later. Perhaps a lawyers letter pointing out the need for the consent of neighbours may make him think twice. Or at least make him speak to a lawyer of his own to be told the same thing.

If he goes ahead and builds anyway the fact he was warned beforehand may help if further legal action is taken.

mmm interesting reading – so contacting the planner is a no go

my advice to him is to move asap – which he wants to do (but next year), after the extension is built, his theory being – the new owner would be aware of the neighbours extended property and has already accepted it , rather than buying a place they know is about to be extended and have to put up with the disruption

what we don’t know is who enforces the convenant then? – which court? who does the neighbour answer to if he breaks a convenant? sounds expensive to me as a lawyer is required and i don’t think he wants to piss off his neighbour, even though his neighbour doesn’t give a shit about pissing him off

Is the benefactor (i.e. builder/previous landowner) of the covenant known? As that would be the normal way to get a covenant enforced…

If they build and it is enforced afterwards they may have to demolish it.