Hi all, we're due to start building a kitchen extension at the end of the month, plans all approved last December.
We'll be knocking down our current kitchen (already an extension) and building further out to the end of the neighbour's extension and conservatory - conservatory added on to extension.
Our neighbour popped round on Sunday and asked for a party wall agreement as she'd spoken to her father who said we would need one, and as the works are due to start soon and we didn't want to delay things, we panicked and issued one under section 6, thinking just to be on the safe side after reading some advice that building control could advise to excavate deeper and we'd be below theirs.
The neighbour has been back around today saying that they are not happy to sign as we've said we won't underpin their foundations. The main issue seems to be the conservatory. There is planning permission for the kitchen (1981), no planning for the conservatory extended off that (been there at least 14 years according to Google Street View) - she even called it a "temporary" structure - and she said it may have been placed on top of a patio base, rather than having proper foundations.
We're not in dispute yet, they've agreed to not sign a disagreement, and agreed to us digging a trial hole to check their foundation depth, but it's raining right now, typical.
So it looks like we do need the PWA after all, as the conservatory is clearly not built to any proper building regulations, and we'll almost certainly be excavating further down - but will find out for sure when we dig trial holes, and will also check their extension depth too.
If we do indeed discover that they don't have sufficient/any foundations for the conservatory, will we be expected to pay for ensuring their conservatory does not collapse when we start excavating? Would building control have any concerns about their "temporary" not temporary conservatory, or has it been too long since it was built, even though it may not be on proper foundations/meet regs?
Oh, and they also asked for a written agreement for how far our extension roof will be away from their, but, even though they insisted it is, is not covered by any PWA as the extension will be - as currently is - entirely on our land, with a gap between the two.
Any advice greatly appreciated, thanks.
We'll be knocking down our current kitchen (already an extension) and building further out to the end of the neighbour's extension and conservatory - conservatory added on to extension.
Our neighbour popped round on Sunday and asked for a party wall agreement as she'd spoken to her father who said we would need one, and as the works are due to start soon and we didn't want to delay things, we panicked and issued one under section 6, thinking just to be on the safe side after reading some advice that building control could advise to excavate deeper and we'd be below theirs.
The neighbour has been back around today saying that they are not happy to sign as we've said we won't underpin their foundations. The main issue seems to be the conservatory. There is planning permission for the kitchen (1981), no planning for the conservatory extended off that (been there at least 14 years according to Google Street View) - she even called it a "temporary" structure - and she said it may have been placed on top of a patio base, rather than having proper foundations.
We're not in dispute yet, they've agreed to not sign a disagreement, and agreed to us digging a trial hole to check their foundation depth, but it's raining right now, typical.
So it looks like we do need the PWA after all, as the conservatory is clearly not built to any proper building regulations, and we'll almost certainly be excavating further down - but will find out for sure when we dig trial holes, and will also check their extension depth too.
If we do indeed discover that they don't have sufficient/any foundations for the conservatory, will we be expected to pay for ensuring their conservatory does not collapse when we start excavating? Would building control have any concerns about their "temporary" not temporary conservatory, or has it been too long since it was built, even though it may not be on proper foundations/meet regs?
Oh, and they also asked for a written agreement for how far our extension roof will be away from their, but, even though they insisted it is, is not covered by any PWA as the extension will be - as currently is - entirely on our land, with a gap between the two.
Any advice greatly appreciated, thanks.