party wall act

[higher10]

hi all. my neighbours last year built a lovely extension to the rear of their property and left half a bricks space inbetween their new extension and our house.
they never served a party wall act to us, we didnt even know they needed too and all was good. (we did fall out with them over various things to do with the build and no longer speak as a result)

now the complication comes as we wish to extend our home in the exact way they have.

A builder has advised us we need to serve a party wall act notice to them which will cost us approx £400 quid to do so, he said we can take our extended wall up to their wall leaving a half brick between our boundary line and our new extended wall (which is single storey like next doors), but we could join our roofs together which would be in everyones best interests.

my concern is that we are no longer on speaking terms with the neighbour, so my questions are if we serve this notice on them reference our foundations and we appoint a surveyor to go round and assess their floor/walls etc, if they refuse access to their property which they may well do what happens then?

also what could be the worst that would happen if we just didnt bother following the party wall act like our neighbours and just went ahead with the build, it does say quite clearly on his planning to council that he would adhere to the act and yet not once did we receive any notification of this.

is there no way we could angle our foundations so we can bypass this entire party wall act? we dont need to be on their land (not possible anyhow as our wall will be against theirs minus 1 bricks space - half theirs and half ours)

i can see our neighbours being really god dam awkward over this and any advice you have is most welcomed!!!

 

[jeds]

As their extension is new your foundation is unlikely to be any deeper than theirs so that shouldn't cause any issues. Technically you should consider the depth of their original house foundation as well but they've built without causing you any structural issues so it's unlikely your doing the same will cause them any issue.

Technically you should serve notice but in this case the risk is very small and I'd probably just get on and build. Get it done quick. Once it's dug and poured there's nowt they can do.

 

[higher10]

that sounds good to me john! i think thats prob what their builder thought too...i would really like to think they wouldnt cause a fuss over it but....

 

[king100]

I am having the same should I send party wall act out, as I read it and as how my surveyor does,

within 3 metres as long as your foundations are not going to be deeper than his then no party act under 3 m rule apply.

within 6 metres as long as your foundations do not go lower than his foundations taking a 45 degree angle from his, they must not cross this line.

It sounds that you do not need to serve a party wall act on him.

I am in same situation dont get on with my neighbours.

 

[jeds]

I am having the same should I send party wall act out, as I read it and as how my surveyor does,

within 3 metres as long as your foundations are not going to be deeper than his then no party act under 3 m rule apply.

within 6 metres as long as your foundations do not go lower than his foundations taking a 45 degree angle from his, they must not cross this line.

It sounds that you do not need to serve a party wall act on him.

I am in same situation dont get on with my neighbours.

That's all correct and would most likely mean the extension foundation would not fall under the act against the adjoining extension. But, you do still have to be careful about the existing house foundation. Older houses often have foundations less than the current standards will require for the new extension and that might bring you within the act. It's really all about risk though, and it sounds like low risk here so I'd probably go for it.

 

[king100]

I am very lucky as the nearest part of my neighbours house has a cellar, so his foundations go way below anything that I was or still am going to do.

Awaiting permission as we speak.