Party wall act

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18 Mar 2011
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Berkshire
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I am extending and my neighbours house is more than 6 meters from the extension. But they have a garage prefab type within 3 meters to the proposed extension. Do i need a party wall agreement in this case?
"Section 6, if any excavation within 3m of the party wall and any other building or structure on the adjoining owners land wil be deeper than the foundations of that wall"

Is this a structure, it has no foundations and is the type of garage you buy from a large DIY store that is blocks sat on blocks rather than a purpose built garage.
 
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Not aware party wall has anything to do with the council. Certainly not part of planning.
 
I don't think that this type of structure is actually a "structure" in context of the PWA.

The intent of the Act is to protect buildings (with proper foundations) from excavations close to them. This prefab, presumably on a basic concrete slab - which is not technically a raft or any sort of foundation, would not be the type of "structure" which the PWA was designed to protect

There may be case law to the contrary, but I'd say just proceed without serving notice.
 
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