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New party wall construction

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Posted by: from Toronto
11/3/2020 at 12:35:47 AM

Hi, I live in a Toronto semi, and my neighbour wants to build her extension wall on the property line so that 1/2 of the new wall will be in my backyard. I live in a 15 foot lot. I don't to lose 6-8 inches for her 2 story extension. Is this legal? The city does not make finding this information easy!

Thanks any and all!!!

REPLIES (3)
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Richard in Edmonton
Date/Time11/3/2020 at 10:00:44 AM

Certainly she cannot build anything on your property without your approval; I would think she would require your sign off on a building permit. She may not be able to get past the development permit approval stage so you might not have to worry.

Also in order to get a foundation in she would have to dig perhaps 2' into your yard as well.

If such a wall were to be built it would also be required by Code to be fire rated on both sides (1-hour), have noncombustible cladding, and of course no openings (windows) would be permitted.

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Date/Time11/3/2020 at 4:02:17 PM

No, she can't build on your property. You would have to give permission. And I would not. It would effect your property value.

They can have their architect adjust the plans so the addition is fully on her property. As well as a proper set-back from the property line.

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Paddy in Toronto
Date/Time11/3/2021 at 12:53:21 PM

Just an update for those who are interested. My neighbour did build the party wall without my permission. I was unable to stop it as I didn't have a survey at the time. (lesson #1: never buy a house without a survey.) The City has placed an Order to Comply on the construction. The neighbour has moved in and is ignoring the Order completely. I believe her only two options to close the building permit are to tear down the wall or make nice with me. Either way, it is going to be an expensive lesson for her. karma.

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