Single story extension and PWA dispute.

Joined
5 Apr 2022
Messages
7
Reaction score
1
Country
United Kingdom
Good afternoon all, first post here!



We're well on the way to starting our new kitchen extension and i'm having a couple of issues with the adjoining neighbour. We've moved in a couple of months ago (Not that this should matter, but gives you a bit of awareness). We bought the house with a view to extend straight away.



We've employed an architect to produce our drawings and plans. We initially wanted to go to 4m so would require planning, however with costs etc and a neighbour issue (She has a 3m extension already and wasn't keen on the idea of extending past hers.) Anyway, we have dropped the build to 3m to fall within the permitted development criteria. I have been nothing but upfront with our neighbour, explaining what we want to do face to face, rather than her just getting a letter from the local council. Straight away, it was as if she thought it was her divine right to grant us her permission to do the works which obviously isn't the case.



I have been back to her a couple of times now and have had the same response each time. She has accused me of misleading her when I told her we will no longer be going through planning permission, but still be applying for building regulations through the local council's building control (She cant differentiate between the two separate entities)



She is (rightfully) bringing up the party wall act as we will be excavating within 3m of her extension, however when I advised her that we (the builder) will be diffing a trial hole to ascertain her foundation depths, and if the'yre deep enough for us NOT to be digging any deeper, notice and the PWA isn't required. Its safe to say she want happy about this and asked me to leave her property, which obviously I did straight away. She's also trying to use emotional blackmail with us, and its clear with her correspondence that she is trying to use legal jargon and text to intimidate us, and also threatening solicitor action. If we do have to dig deeper than her foundations then of course we will submit notice and a PWA but for obvious reasons, if we don't have to, we wont.



I have asked our architect, SE and builder all about this and i'm confident we are doing everything above board and in according with legislation however I don't want to get caught out with anything, and obviously do a proper job!



I'm sceptical to keep going to the builder with "neighbour issues" as I don't want to put him off in any way as we all want an easy life!



Basically what i'm looking for is a confirmation of once we get the nod that her foundations are deep enough to match what we require, building regs submitted, calcs back, is there anything to stop us commencing?



Sorry for the long message!



Thanks all
 
Sponsored Links
You don't need to check the neighbours foundation's.

Dig your trench and lay your foundations.
 
You should just apply for a 4m extension if that's what you want, highly likely you'll get permission unless it really blocks a lot of neighbour light

a 3m extention is a bit pants once you take into account the cavity wall. Stop trying to appease the neighbour you are entitled to build an extension worst case scenario you will have to pay the party wall award fees. What year we their extension built? Highly likely your foundations will be the same depth.
 
I read recently on here, it’s possible to design a raft foundation to avoid Party Wall issues.

3m is only 2.7m internal
 
Sponsored Links
I read recently on here, it’s possible to design a raft foundation to avoid Party Wall issues.

3m is only 2.7m internal
Just as it's possible to design trench foundations to avoid Party Wall issues
 
I would also apply for 4m, possibly even more as the council will usually apply the 45° rule when considering it. 3m is rubbish, you'll regret it and it will make no difference to how she treats you - ignore anything unreasonable from her - the sooner the "relationship" descends into stony silence the better.
 
She is (rightfully) bringing up the party wall act as we will be excavating within 3m of her extension, however when I advised her that we (the builder) will be diffing a trial hole to ascertain her foundation depths, and if the'yre deep enough for us NOT to be digging any deeper, notice and the PWA isn't required. Its safe to say she want happy about this and asked me to leave her property, which obviously I did straight away. She's also trying to use emotional blackmail with us, and its clear with her correspondence that she is trying to use legal jargon and text to intimidate us, and also threatening solicitor action. If we do have to dig deeper than her foundations then of course we will submit notice and a PWA but for obvious reasons, if we don't have to, we wont.

Was this trial hole to be on her property? If so I'm not surprised she told you to do one.

The first thing you need to do is make an assessment on the depth of foundations based on the age of the property and extension. Anything subject to building regulations approval built after 1976 will almost definitely have deep enough foundations so that your new extension will not need to go deeper.

Failing that if your houses are of the same age and style then dig a trial hole on your property and it is reasonable to assume next doors foundations will be the same.
 
Was this trial hole to be on her property? If so I'm not surprised she told you to do one.

The first thing you need to do is make an assessment on the depth of foundations based on the age of the property and extension. Anything subject to building regulations approval built after 1976 will almost definitely have deep enough foundations so that your new extension will not need to go deeper.

Failing that if your houses are of the same age and style then dig a trial hole on your property and it is reasonable to assume next doors foundations will be the same.

Of course I haven’t asked to dig a hole on her property. We have dug a trial hole on our side of the boundary to ascertain the depth of her foundations, when if course her head appeared over the fence, and the builder explained to her what we were doing. (no deeper than her foundations) and a surveyor from Building Control is coming today to see if this would suffice.

we have had a letter through the door from solicitors this morning. She acts quick! They’ve accused us of submitting plans, her contesting them, is withdrawing them and cracking on anyway. This isn’t the case, we did submit plans, for the 4m extension however when builders quotes were coming back, we realised we wouldn’t have a contingency so reduced the build to 3m which falls under permitted development. I’ve spoken to the council who confirm that the plans never went live and there were no contests, so it seems she is feeding this solicitors a pack of lies.

I guess we’ll wait to see the outcome from the building control officer with regards to the foundations.

Thanks!
 
Good afternoon all, first post here!






I






I'm sceptical to keep going to the builder with "neighbour issues" as I don't want to put him off in any way as we all want an easy life!



, is there anything to stop us commencing?



Sorry for the long message!



Thanks all
Think on - a "neighbour dispute" will influence your sale in the future . Who will die first? who will move house first:idea:
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top