Party wall confusion

Joined
20 Nov 2012
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London
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United Kingdom
Hi,

Context:
I am a mid terrace and have planning permission for a single storey rear extension. My neighbour has already built the same extension and built up to, but not over our shared boundary, including his foundations (which run parallel with the wall). So legally this is wholly his wall. We tried to persuade him to let us use it aesthetically, as long as we do not add additional load to the wall (through a series of steel beams and pillars using separate foundations pads).

Problem:
He has refused this approach and wants us to build a separate wall with a 100mm gap to safeguard his extension. We are extremely tight for space so my structural engineer says we can build 15mm from the boundary, using 'hit and miss' excavation and semi rigid filler to ensure that the neighbour's extension is not affected. However, he is an engineer and not an expert on party wall disputes.

If I submit a 3m Party Wall Notice myself with the proposed 15mm plans and construction method, the neighbour will almost certainly dispute. Then I will have to foot the bill for surveyor fees for both sides.

Question:
Will the party wall surveyor just play on the side of caution and go for the 100mm rather than bother trying to understand the more complex construction to save space.

Help! :confused:

Thx
 
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Just what he is suggesting as practically sensible, it is not fixed.
 
Does the foundation of the neighbour's side wall project on to your side of the boundary?
 
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No. They have been specially designed to run flush with the wall so not to go over the boundary like a traditional one. They are 1.5m deep.
 
Sounds like a 'trench-fill' foundation, where the concrete is the width of the wall and support is partly attained by friction with the earth at the side. Why don't you do one exactly the same?
 
Dug out the notes now - its called an 'eccentric foundation'. Yes we are proposing the same - 15mm away (apparently with semi rigid filler to maintain the gap).
 
Just do the same as he has done and get on with it. It was ok for him so it will be ok for you.
 
I am sure I have to submit a PW notice as within 3m, to which they will likely then object. So we can't just get on with it, without risking a court injunction.
 
Also, it was ok for him as there was no extension when he did it (we weren't there at the time btw).
 

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