Boundary wall question…

The boundary wall between our driveway and the neighbours garden is a 4′ high breeze block wall. It belongs to the neighbours, they built it before we moved in.

We want to raise it to about 6′ by fixing trellis or rails above the existing wall. This will entail drilling the wall to fix the upright supports – they will have the good side of the top fence facing them.

So is this acceptable – drilling into their wall and extending the height without their permission? The neighbours only use the house 6 weeks a year so I can’t just call round and ask. Don’t expect to see them until May, and want to raise the wall now. But they can be a bit ‘difficult’ and don’t want to start a row.

Any thoughts?

they may object but you could just do the same thing just inside your bit with posts 1 mm off the wall so it would be pointless to object

FWIW I think the side that faces you is yours so you can drill into it not sure about the top

Under the Party Wall Act you are generally allowed to drill into a party wall and make minor fixings, as long as it doesn’t affect the structural integrity of the wall. However, if something did go wrong your neighbour may lay the blame at your door.

If you do proceed, carry out a full inspection of the wall before you begin, including taking extensive photographs, recording any existing cracks, brick damage, missing mortar etc.

In selling our house the solicitor was quite pointed in checking which we perceived to be the boundaries that were ours to maintain and that we had not in any way amended or maintained etc any boundaries that may belong to others. Apparently had we ever done anything to a neighbours boundary, it could be taken that we had taken ‘ownership’ of it and could therefore be held responsible for it going forward, that responsibility passing on with anyone who bought our house….
Barking, if you ask me but, there you go…
Based on that, I’d consider just erecting your own fence on your side of the boundary.

Apparently had we ever done anything to a neighbours boundary, it could be taken that we had taken ‘ownership’ of it and could therefore be held responsible for it going forward, that responsibility passing on with anyone who bought our house….

I find that very hard to believe. From the Party Wall Act:

Some works on a party wall may be so minor that service of notice under the Act
would be generally regarded as not necessary.
Things like:
drilling into a party wall to fix plugs and screws for ordinary wall units or
shelving
cutting into a party wall to add or replace recessed electric wiring and sockets
replastering
may all be too minor to require a notice under the Act.
The key point is whether your planned work might have consequences for the
structural strength and support functions of the party wall as a whole, or cause
damage to the Adjoining Owner’s side of the wall. If you are in doubt about whether
your planned work requires a notice you might wish to seek advice from a qualified
building professional.

The ownership of boundaries does not change that easily and is a very complex issue, requiring lawyers and a professional boundary surveyor.
Drilling into a party wall will not change the ownership of the wall.

One option is to construct a separate fence on your side of the wall. However, make sure that the fence footings do not damage the foundations or structure of the wall in any way, which may be easier said than done.

I assume you are putting a full barrier rather than an open trellis. 4′ breeze block wall will probably not have any pillars for buttressing against wind load. You’re about to add 2′ to it, to make a 6′ structure which will have a lot more wind loading. Maybe building it as a fence on your side is a good idea, if you want to get techy you could do some structural calcs to get it right. Footflaps is your man round here. 😉

the fence will be weaker than the wall though so that would break first anyway

Thanks – some things to think about!

I hadn’t considered the wind issue, but the wall does have pilars, as it is 6′ for most of its length, just dropping to 4′ along the drive. This section is also well sheltered as it runs parallel to the gabel end of our property.

I will look at erecting our own fence, but securing to the wall does look the easier option, I maybe need to give it more thought.

Posts up your side of the wall with expanding masonry bolts at the base and mid point of the wall will put less loading on the wall than using the bolt down metpost type brackets on the top course.

This is what I did in our garden. I used 3 foot panels +1 foot trellis on a small wall to avoid moans from next door about blocking the sun into their garden. It also saved a pile of cash as if you get well built 6ft panels you can slice them in half which is much cheaper than 3ft panels 🙂

If its theres you cant touch it, but you may if was to be found dangerous.
Just approach your neighbour and ask rather than go legal etc.

As it’s a wall (as opposed to a fence) and it is either straddling or immediately adjacent to the boundary it is covered by the Party Wall Act so, yes, you can extend its height. There are certain procedures required by the Act before you can carry out the work. However, if the works proposed are unlikely to affect the structure or integrity of the wall (current and future) and do not affect your neighbour’s side of the wall then you can generally proceed without further reference to the Act. To be sure, contact your local Building Regs Dept for definitive advice. From what you are proposing, as long as the supporting posts are fixed on your side of the wall (as opposed to the top or the neighbour’s side) and the structure of the wall is realistically not affected, then you can do it. Having said that, it would be common courtesy to advise your neighbour what you are doing by e-mail or post. One other thing, check that the step down from 6ft to 4ft was not a requirement of the Local Planning Authority.

From planning perspective as Lin as its not next to a highway or in a conservation area you have up to 2m height to play with. If there are Party Wall concerns then there is a certain distance that will still put it under the act even if you out a second fence up. Personally I would prefer posts rawl bolted to face of blockwork so as not to have an affect on the foundations of the wall.

Taff – Member
From planning perspective as Lin as its not next to a highway or in a conservation area you have up to 2m height to play with.

Plus…(often overlooked)… as long as there are no conditions in the original Planning Consent for the property/estate. It was not unusual some years ago for there to be restrictions applied to certain things forward of the building line.

I think the main thing to establish is whether or not it is a ‘party fence wall’, from my limited knowledge of these things, it is one of these if it sits astride the boundary. If it is then just follow the guidelines in the governments party wall guidelines:

http://webarchive.nationalarchives.gov.uk/20120919132719/www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf (warning may not be the latest version)

However if it’s wholy on your neighbours land you can’t touch it as it’s not a party wall (I think!). However it may be impossible to work this out or not as the plans you’ll have probably aren’t accurate enough. If it’s been there for years then it’s probably the defacto boundary now tho…

I’m to understand that a party wall has shared ownership. The wall you’re talking about is your neighbours therefore you should ask them. Also there is no law stating that you should give your neighbor the ‘ good side ‘ its just courteous. I erected a fence between feuding neighbors and the paying client insisted I give the shit side to the neighbor.

Also the 2m height rule only applies to structures ie. Walls, fences, greenhouses, sheds etc. There is no ruling as to how high plants/ shrubs / trees etc. are allowed to be.

What the others have said. It’s not a party wall, it’s theirs and if it was mine I’d be royally pissed off to discover that you’d drilled into it without asking.

If they’re readonable they won’t mind if what you do is sensible. My neighbour has fixed things to my fence to make it one side of a chicken coup. I’m not bothered as it’s been done nicely.