Party Wall question

[Mike-H]

I have read several sites relating to party wall agreements but I am struggling to find clear info. I am extending my property within my boundary. There will be a path that runs between existing fence and my new wall. Does this require a party wall agreement? I am knocking down an old garage and building a new two story elevation. The new wall will actually be further from the fence than existing garage wall 20cms or so.

There house wall - there path - fence - my path - new wall

As there is no boundary change and no connecting wall does it require an agreement??

Cheers,
Mike.

 

[jeds]

Sounds like the only thing that might come into play is a 3m notice. That would apply if you excavate below the level of any neighbouring foundation that is within 3 metres. If your foundation is higher or more than 3m away then the PWA does not apply.

 

[Mike-H]

Thanks jeds. Why I could not find that info online i'm not sure. Their existing wall is two story so I would have thought that the foundations will need to be at least the same depth. May need an agreement then which is annoying as it will delay things further. Planning permission is in and then i've got building regs to follow. My architect is handling this and is likely to look at party wall info but I like to be informed independently rather than working on blind faith.

Thanks,
Mike

 

[freddiemercurystwin]

http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

 

[^woody^]

If the 3m rule might apply, it would be wise to assume that the new foundations will not be any deeper than the neighbouring ones and so the 3m rule will not apply.

Then if digging, and you find that it may be a bit deeper .... carry on digging and put the foundations in. Then this stupid Act wont apply at all

 

[Mike-H]

If the 3m rule might apply, it would be wise to assume that the new foundations will not be any deeper than the neighbouring ones and so the 3m rule will not apply.

Then if digging, and you find that it may be a bit deeper .... carry on digging and put the foundations in. Then this stupid Act wont apply at all

The old 'what they dont know wont hurt them'. I could really do without any fall out with neighbours. I do not know them and never get too friendly with neighbours. I just don't need added delays and hassel. Will check with architect for his opinion.

Mike.

 

[Mike-H]

Probably a stupid question but how do you know how deep their foundations are? The gap looks to be near 3m.

 

[^woody^]

The same depth as yours

 

[chappers]

The PWA is a pointless , toothless piece of legislation which causes more problems then it ever set out to prevent. It doesn't confer nor prevent any more permissions or responsibilities then already exist in the law anyway.

 

[Mike-H]

Architect recommends an agreement with both neighbours on each side. Happy days! Suggests i can do this myself, but i guess this will depend on whether the neighbours want to make demands. Stupid legislation!

 

[chappers]

you say you don't want delays.
Your best bet is to get on with it, if your neighbour objects you could be there for months employing solicitors, whereas he would have to get a court injunction before he could stop your works. If you dont need to go onto his property then you are potentially creating yourself greif you don't need by invoking the PWA.
Either way you will still be able to build your extension he can't stop you, but if he ojects to the full extent of the PWA both of you may have conditions imposed upon you by a third party.
I suggest you read the link above and make your decision based upon that.
Personally I would just go speak to him and tell him that you are intending to carry out some building works in the near future and if he doesn't object job done, no need to create problems which might otherwise not have occured.
I always make apoint of getting to know my neighbours you never know when it may pay dividends. By not getting to know him he may have you down as the grumpy bloke next door and may object just because he can.

 

[Mike-H]

Cheers Chappers. I think my architect is just being over cautious. (If he has suggested an agreement he has done his job). I really can't see any reason to get an agreement and I do not like the idea of giving someone the opportunity to make demands when i would be the one over a barrell.