Rear extension encroaching foundations

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Hi all,

My first time posting on here so thanks in advance for any help!

I am planning (and have permission for) a single storey, 4 metre depth extension on my end of terrace 1930s house. Our neighbours already have a 3 metre single storey extension and we have dug a trial pit to discover their foundations come onto our land by about 300mm. I have recently bought the house and before that it was empty for 7 years so I don’t know if there was a party wall award to allow this however I have found they do not have building regulations so I imagine a PWA award is unlikely. I also think they are completely unaware (my impression is that builders built it and knowing the property was empty next door took the easy option to build over the boundary, but this is just an assumption). I don’t want to go over and talk to them until I have all the facts.

Due to an oak tree at the end of the garden, I also know we will have to dig to 2.2m so using their foundations is going to be difficult.

The extension is already very small so I really don’t want to have this force us to step it in and therefore lose anymore space.

We had considered whether piling and cantilevering the ground slab would be an option but I imagine this will be expensive which seems unfair seeing as it is their mistake.

Any information about how we should proceed would be greatly appreciated, ideally I do not want to take this down a legal route as I would like to remain amicable with the neighbours.
 
Probably best to dig the footings first and then you will have a better idea of what you are dealing with.
 
Surely you are not making this up yourself?

Normally someone suitable designs all this.
 
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