Party wall agreement needed or neighbour just being awkward ?

[timbo1906]

Hi there.
We have recently been given planning permission to build a roughly 4 meter side extension, although the neighbours tried to get it blocked with 8 objections back to the council . One of those objections was he wants to appoint a surveyor to put in place a party wall agreement and for me to pay for it.
Having read other bits on the internet I’m not really sure a party wall agreement is needed in this regard as we will be building 50mm away from their fence and not going as deep as them for the foundations. You will see from the picture their property is on the left and mine on the right. I also heard that fences don’t come into the party wall agreement. Any clarity on this if party agreement is needed at all?

 

[mrrusty]

How do you know you won't be going as deep? However if you're not my understanding is no PWA agreement needed

 

[timbo1906]

I remember when they did there it we will do the same. And access to their fence won’t be a concern if we go as close as we can ?

 

[zad3717]

Personally from the grief my neighbour has given us over our extension I would seek advise from a surveyor...

Party wall is there to protect you, it can't be used to stop you building

 

[^woody^]

If you need access, or something else that the PWA will provide, then get an award.

Otherwise, you ensure that your designer assumes a foundation depth that will not invoke the Act, and you build off the boundary.

You decide if you need or want to invoke the Act, not the neighbour.

 

[Murdochcat]

A PWA gives absolutely no guarantee of access from the neighbours property

 

[^woody^]

A PWA gives absolutely no guarantee of access from the neighbours property

Unless the Award states that it does.