Party Wall: Required or not

[Bouba]

I have read lots of forums and gone through the booklet of Party wall Act.Though I do not want to be a law breaker, couple of things needs clarification.Would really appreciate if someone could explain in simple english.


1.If I start my brick wall 1/2 inches inside the boundary line(half of party wall),am I correct in saying that I do not need to serve a party wall notice.The foundation will be within 3 metres of neighbour, but not lower than his. I am only going 600mm deep as the wall will be only holding patio doors.

2.What is the difference between astride or on the boundary?

3.If I serve section 1 notice,it says on the booklet that "if neighbour does not respond within 14 days then one has to build the wall entirely on their land".
Does this mean that section 1 notices does not need party wall surveyor if neighbour does not respond.

Oh btw I do not have a dispute with my neighbour.I just want to avoid the expense, if I do not have to incur it.Do not want to serve the notice, and find that I did not need to.
Sorry to upset anyone but I do not trust PW surveyors due to bad reviews..Just read "PARTY WALL SHOULD BE REWRITTEN"

Thank you for your help..

 

[tony1851]

1. As long as your excavation will go no lower than the underside of your neighbour's footings, PWA will not apply, regardless of the distance away.

2. 'astride' will mean part of the thickness of the wall on your side and part on the neighbour's side; 'on the boundary' presumably means the outer face of the wall up to - but not over - the boundary line (ie the whole wall thickness on your side).

3. There is no need to serve anotice in your particular case.

 

[dishman]

I have experienced this from your neighbours perspective.

All construction, unless agreed by your neighbour should be on your side of the boundary line. Are your footings/foundations on your side? Depending on your roof construction, have you taken into account eave and gutter overhang?

 

[Bouba]

Thanks tony.

Dishman: neighbours extension is setback from boundary line by 120mm. At present I have hip roof overhanging neighbours flat roof. I hope you het the picture.

I only intend to bring wall upto the boundary line. The new roof will be pitched. I will again cover only half the party wall, and probably insert flashing on the rest to avoid the wall getting wet.

 

[dishman]

The party wall act is not a great pice of policy, but it can be useful if a neighbour and their builders are not being clear about their plans. I am not directing that at you, just making a general point.

However, in my opinion, you should still go by the book. What I mean is, why force your neighbours hand (cause them to ask for the party wall act) or risk invoking the party wall act if you can avoid it completely.

Although the party wall act may technically allow foundations on your neighbours land, you should ask/make your neighbour aware of this in my opinion. In fact it may only be the Party Wall Act that gives you the right to do it, without the act you may be required to ask your neighbour for permission for foundations on their land.

In addition there is no provision for any overhang of roofline (eaves or gutter) going over the boundary. You can only do this with your neighbours permission. If you do not it is technically trespass. As the eaves and gutter overhang can be the same as the foundation "overhang", to my knowledge most extensions are set back enough to take both of these into account.

Now that last point depends on what there is on each side of the boundary. If you have both already build up close to the boundary and the space between the two properties is none existent and in-acessable, then it may not matter at all and your neighbour may have no problem.