Party Wall Help

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Boyts81

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Hi all

I am planning a single storey extension on the back of my end terrace house. We have just received planing permission and are about to get building reg drawings done. I have now discovered that I may also need a party wall agreement as well. I have done a lot of reading on the matter and still at a loss as to whether I actually need to serve notice to my neighbours or not and was hoping for some advice.

It is my understanding that there are three instances where you need a PWA
1. Building a new wall or structure up to or astride a boundary line
2. Carry out work to a party wall
3. excavate below neighbours foundations within 3m (or within 6m if interfering with 45 degree downward projection from bottom of their foundations)

I have attached a front elevation and floor plan of our proposed works but essentially we want to extend from our existing (protruding kitchen) away from the neighbours.

Obviously we're not building a new structure up to or astride the boundary line so that's not an issue. What I'm not sure about is whether or not we're carrying out work to the party wall as defined by the PW act. The only way I can think that we might is through the new flat roof but I'm assuming no new holes will need to be cut for beams as they should already be there for the existing roof. In addition the projecting wall (that forms the back wall of the house) already exists so there's no new projections as it will just be extended across.

With regard to the foundations I've not yet received my building reg drawings but let's assume they need to go to 1m which I understand is fairly standard. As such I'm thinking I wouldn't need to serve notice on these grounds?

Any help would be hugely appreciated

Thanks all

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Other than possible new foundation depth any work to the party wall would be minimal. I would not serve notice just have a friendly chat with the neighbour and explain what you are doing and keep them on side. Do not mention the party wall act.

Just be a good neighbour and everyone will be happy.
 
Thanks Wessex. However local surveyors have already put mail through their door highlighting the potential issue after they saw our planning app on the council website. So they're aware of the PWA. Ultimately I would never do anything to upset them or jeapordise their house. They seem very reasonable so hopefully we can come to an agreement
 
Oh dear, this could get expensive.

If you get on with the neighbours and they do not want to appoint the junk mail party wall vultures then I would stick to my original advice. The work to the party wall will be minimal probably the most important thing will be the junction between the flat roofs and I am not sure that is covered by the party wall act anyway, I'd have to check.

If the neighbours want to appoint one of these dodgy surveyors then I would try to claim that none of the work is subject to the party wall act. If they query the foundation depth tell them you plan on building a shallow raft foundation. They have no right to ask for proof and by the time you actually start building they will be busy annoying other victims.

I qualify this by stating that generally I think the Party Wall Act is good but I think the legislation has got the 3 metre rule wrong. They should use the 45 degree rule as with the 6 metre rule which would take most domestic extensions out of the process. I would also repeat my comment about being a good neighbour, I do not agree with deliberately ducking party wall rules just to get one over on the neighbour. (not suggesting that was your intention)
 
What you do, and what you should ask your designer to state on the plans is that your new foundations will not be lower than the neighbour's foundations. Then the PWA won't apply.

Proceed on the basis that no notice needs to be served.
 
Thanks all, building control have told me something similar (not that it's within their remit)

Although if the drawings indicate that the foundations will not go below next doors and for some reason when it comes to it they do (either through unforeseen circumstances or the neighbours have particularly shallow foundations) what happens at that stage? And what happens should it cause their structure to subside, who foots that bill?
 
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