Party Wall Foundations

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Hi. It might be a bit long just to explain the background. I live in a Semidetached and have a side extension which does not go up to the boundary line separating my home from Next Door. Next door’s property has a flat roof side extension built up to the Boundry line. It was there when I brought my property and I don’t have a problem with that.

Planning passed plans for my next door neighbours to build another story on top of their flat roof garage extension plus a tiled roof. Planning was passed with no reference made to any of my concerns or queries. Main ones being loss of light as it will overhang the skylight in my kitchen where I receive a lot of light. Plus whether the foundations are strong enough to take all the extra weight.

Reservations about the foundations are because the neighbours flat roof garage extension was built forward of the properties building line. When I built my own side extension over 20 years ago you certainly couldn’t do this and that side extension has been there longer than mine. I know my own house was previously let to students and the landlords were in London and then it was empty sometime. Knowing the previous occupier I’ve no doubt he may have been quite happy whilst the house next door was empty to have gone ahead and built a garage extension and then quietly added on behind the scenes as it is a massive flat roof extension with living accommodation behind the garage. If Planning was never applied for it goes without saying building control was probably never involved. The gap between our homes is 40cm at the front and 10cm at the rear. The landing inbetween is obviously mine. So if the foundations fail and there is any collapse/major cracking etc. at all there is every chance my property will be affected also.

At this point in time all I want is for somebody to tell me that checks have or will be made on the foundations and it will support all the proposed development. All my neighbours have said is that the foundations are okay. I have written to building control as it’s not with planning anymore. I am being given the runaround. Seems nobody wants to put into black-and-white or commit themselves. Every time I contact building control after they haven’t answered my question I get the standard email saying it will take 10 working days (two weeks). They don’t even respond within this time frame.

The previous property I lived in which was built in 1854. I built a single storey side extension to this property. Next doors property was also again built up to the boundary line. They had a shower added on the ground floor. The shoddy workmanship resulted in drainage leaks that over a period of time washed all the subsoil away. in the end my extension of two years started to pull away from the main house. I had to live with piling works and all the inconvenience whilst it was being repaired. Whilst my insurers were able to claim off Next Door insurance the problem arose when selling the house. The usual question of subsidence!

At this point, I don’t know where to go for help. I’ve read about party wall agreements being served but I’m not clear on them. I don’t know whether to speak to a party wall surveyor or a solicitor. Again, I’m presuming this is an expense I will have to incur as I can’t get anything from building control or the next door neighbours.
 
Al I can say is that when I built on top of an already single story side extension similar to your neighbours the build regs guy wanted me to dig an inspection pit 1 in front and at the back to check the depth of the existing foundations as there was no record.
Also we too had a neighbour "whack up something whilst our house was empty before we brought it.
 
Foundations are not a planning concern.

Whether the existing foundations are adequate or not is covered by the building regulations and that's between the neighbour and whoever inspects the works, and you won't be involved in that.

If the PWA applies to the work, then it's up to the neighbour to follow that process and serve you a Notice to which you can agree or dispute and then involve surveyors to look after your interests. But there is no penalty if the process is not followed.

If you believe the works should involve the PWA and no notice has been served, then you can apply for an injunction to stop the work until the process is followed.

Bear in mind that your rights regarding damage to your property are exactly the same whether the PWA is followed or not - ie the neighbour is responsible for damage in common law. But you have very little rights in terms of involvement in the works or how it is built outside of the PWA.

Bear in mind that if planning permission is granted the work is happening, and you won't stop it. Many people try and use the PWA out of bitterness to try and stop the works, but that's not what it is for.
 
Hi there is no bitterness involved here. I’ve accepted the work is going ahead. What I seem to be really confused about is that any work of this sort could go ahead and if the foundations are not adequate i.e. Proper checks not carried out by authorised and qualified person then should any collapse happen and damage occur it can also be dangerous.

We hear so much about planning and building controls not allowing certain buildings and alterations to take place and being very finicky. It seems crazy that such planned work can go ahead without establishing that the foundations are adequate by the very person/institution who have authorised that work to go ahead?? Or am I being unreasonable here?
 
Hi there is no bitterness involved here. I’ve accepted the work is going ahead. What I seem to be really confused about is that any work of this sort could go ahead and if the foundations are not adequate i.e. Proper checks not carried out by authorised and qualified person then should any collapse happen and damage occur it can also be dangerous.

We hear so much about planning and building controls not allowing certain buildings and alterations to take place and being very finicky. It seems crazy that such planned work can go ahead without establishing that the foundations are adequate by the very person/institution who have authorised that work to go ahead?? Or am I being unreasonable here?
How do you know they were not checked by BC like mine were - I dug the holes rang them when I had dug them so you could see the bottom of the foundations and BC came along and measured the visible foundations, which were then passed for building on to of the existing single story.

But I suppose equally how do you know that they were passed and checked.
 
I live next door and I definitely would’ve seen holes being dug. I’m retired so not out at work all day, etc. But thanks for your comments.
 
I live next door and I definitely would’ve seen holes being dug. I’m retired so not out at work all day, etc. But thanks for your comments.
I see.
Maybe they had plans and or other proof they could show BC to satisfy them that the foundations were of X depth when first put in.
My single story extension was already here when we brought it but I had the impression that its common practice to put your single story foundations in deep enough as though you are building 2 stories - for future building on top.
 
I wish they would issue an instant £1000 penalty for any customer and builder who develops without serving the correct party wall docs on the neighbours.
 
Following on from what @^woody^ says above, in fact, there is an argument that as a neighbour, you are better off without a PWA. If the developer goes ahead without one, should there be an issue, he has to prove that he didn't cause the problem. If there is a PWA in place, the person with the damage has to prove the damage was caused by the development despite the works being validated by a surveyor.

IMHO, the PWA protects the developer more than the neighbour. In theory the PWA system is there to prevent damage caused by negligent development by ensuring technical validation happens before work starts. However, should there be negligent development that causes damage, then the developer is in a weaker position without the PWA.

Take lots of pictures, ahead of works, and document the situation.
 
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