Party Wall Notice required?

[rsw]

We are intending building a single storey extension as highlighted red in the image below. This will not be on the boundary with our neighbour just slightly off.

The party wall act seems to imply that a party wall notice is only needed if we are within 3m and will be excavating deeper than the bottom of the neighbours foundations.

Does the party wall act apply where building perpendicular to the neighbour?(all the diagrams seem to imply measured between parallel walls / buildings).

I don't know how deep their foundations are yet - is it sensible to have a party wall notice etc anyway?



Thanks

Richard

 

[motorbiking]

Some of your foundations will be within 3m of his so you will need to serve a notice unless you can be sure. If the house is old you will almost certainly be going deeper than his foundations.

 

[^woody^]

Unless you really need any of the rights bestowed by the Act, or you have particularly litigious neighbours who would stop the job, then it may be best to assume that your new foundations won't be deeper than the neighbour's.

 

[rsw]

If the house is old you will almost certainly be going deeper than his foundations.

It's a mid 50s ex police house, but no idea of depth of founds although probably should get a spade out and check.

Unless you really need any of the rights bestowed by the Act, or you have particularly litigious neighbours who would stop the job, then it may be best to assume that your new foundations won't be deeper than the neighbour's.

No one has lived next door for the last 3 or 4 years - occasionally see light on in kitchen but never anyone around. They didn't object to our planning application so doubt they're that bothered or litigious!

 

[motorbiking]

The problem you have then, is that if you issue a notice and it goes unanswered, then you will need to appoint a surveyor on their behalf to get the party wall award.

If you ignore the requirements of the act, then you pick up liability for any damage caused.

 

[^woody^]

The liability for damage is already there, and the PWA does not convey any extra liability on the owner or extra protection for the neighbour.

 

[motorbiking]

Case law says otherwise.

Without a Schedule of Condition to compare conditions before and after it will be difficult (if not impossible) to identify what damage has been caused by the works. Your neighbour may therefore decide to make spurious claims for pre-existing defects.

As there has been a breach of statutory duty the court is likely to ‘Reverse Burdon of proof’. In practice this means that the neighbour claim is assumed to be correct unless you can prove otherwise. You may therefore be ordered to pay for any number of repairs, which in reality are not your responsibility (plus solicitor’s and court costs).

 

[rsw]

The problem you have then, is that if you issue a notice and it goes unanswered, then you will need to appoint a surveyor on their behalf to get the party wall award.

If you ignore the requirements of the act, then you pick up liability for any damage caused.

Sounds like I probably should have party wall agreement in place. I know someone is in the house occasionally so was going to drop a letter through first so I can hopefully discuss party wall etc before sending the notice. Least then they will know it's coming and hopefully respond to it in time.