Q. We are looking to do an extension to our home. The works will require knocking down a boundary wall between our house and a neighbour’s. The wall isn’t in the best of condition and our architect has said that it might be in danger of falling completely at certain points in the next big storm. We approached our neighbours ages ago and while they have no real problem with the works, they not happy with our plans for the boundary wall. The planning application is in and there have been no objections. We expect permission to be granted shortly. Is there anything we can do to get our neighbours on board?
There are various legislative provisions that might be of some assistance to you. Firstly, the Land and Conveyancing Law Reform Act of 2009 confirms that you can carry out works to a party structure, subject to certain conditions, once planning permission has been granted. The conditions include obligations to discharge any fees for your neighbours professional advice (architects etc., if appropriate) and to provide reasonable compensation for the inconvenience caused to them by your works. Also, should you cause damage when carrying out the work, you must also make good this damage. Naturally, the cost of the wall itself must be borne by you.
The most appropriate course of action would be to talk to your neighbours again and explain to them your architect’s opinion about the wall. It might well be sensible to offer to discharge the costs of their surveyor/engineer at this stage so as they can ascertain the position for themselves. Naturally, it may well be that they are happy to have works done to their boundary wall at your expense, and could be offered reassurance as regards mess, inconvenience and potential damage.
Once planning has been granted, you are entitled to proceed as the opportunity for objections by neighbours will have passed.
If your neighbours still object, the next step is an application to court for a “works order” permitting you to go ahead. Court should be a last resort, as it is likely to be somewhat costly and delay the start of the work. Of course, there would be an element of cost for your neighbour also, and again they should be prevailed upon to allow the works to continue – subject to whatever appropriate assurances they require.
Your solicitor should try and engage with them and – if necessary – enter into some manner of binding agreement.