My next door Neighbours are Planning works and my Parents’ Garage will be Affected. Do Garages count as Structures under the Act?

Question

My parents have had building work next door and the developer seems to be taking advantage. Next door are starting works  and several inches of the garage have been affected. Should a Party Wall Agreement have been made initially – do garages count? As they have damaged the wall what is the best course of action – is this trespass?

Answer

Garages certainly do count as structures under the Act. Your parents’ neighbours have a right to build up to the boundary of their land, and if necessary cut away anything that was projecting over their land but should have served a Party Wall Notice at least 2 months before starting work. If notice had been served your parents would have had the right to appoint a surveyor to look at how the work could affect their property.

As none of that was done it is a matter of dealing with the consequences. The neighbours will of course be liable for any damage caused by their works. If I were you I would be pushing for a surveyor to inspect the work at the neighbour’s expense – that would have happened if proper procedures had been followed. You should raise your concerns with the Adjoining Owner rather than their builder as they are responsible for their builder’s actions.