Party Wall Agreement/Notice Required?

[gemzyfish]

Hi everyone,

I would so much appreciate your help. We are planning a single storey kitchen extension to the rear of our semi detached house. We do not get along with our adjoining neighbour so are treading veerrrrrrry carefully with this and want to dot the Is and cross the Ts.

My question is, if we are extending out, away from the properties, and if we are not building upto or astride the boundary line (we would be around 120mm away from it), is a party wall agreement needed? There are no outbuildings or existing extensions on her side. No foundations would need to be present on her side, and no access would be required for the build either.

I am fine with writing a very polite letter and coordinating that myself, it's just she is a very grumpy old lady with lots of time on her hands and I can see her being very problematic, not responding, digging in her heels etc etc.

 

[DevilDamo]

The PWA would not apply.

 

[^woody^]

It's the foundation depth that matters. If the new wall is too be within 3m of the adjoining building and have foundations to be deeper than the adjoining building's foundation, the Act applies.

In reality, you say that your foundations won't be deeper than theirs. And you make sure the plan drawer draws the plans to that effect.

 

[gemzyfish]

Thanks so much. We wont be going deeper than the house foundation, and will not encroach on her land in anyway.

God I love this forum. Thank you.

 

[DevilDamo]

It's the foundation depth that matters. If the new wall is too be within 3m of the adjoining building and have foundations to be deeper than the adjoining building's foundation, the Act applies.

In reality, you say that your foundations won't be deeper than theirs. And you make sure the plan drawer draws the plans to that effect.

The OP stated their extension would extend out and way from the (existing) properties and the 3m/6m rules refer to the distance measured horizontally. As the OP stated there are no buildings to the side of their proposal, then the PWA does not apply.

 

[Nakajo]

Yep, I think we're all agreed.

 

[^woody^]

The OP stated their extension would extend out and way from the (existing) properties and the 3m/6m rules refer to the distance measured horizontally. As the OP stated there are no buildings to the side of their proposal, then the PWA does not apply.

Section 6 states within 3/6m. It does not state any angles.

Are you confusing horizontal with parallel?

 

[DevilDamo]

“The 3m excavation rule applies to a new excavation that will be deeper or load surcharge an adjoining owner’s structure foundation within 3m measured horizontally.”
https://www.rbcsurveyors.co.uk/why-do-i-need-a-partywall-agreement/

“a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of the building or structure of an adjoining owner; and”
https://www.1stassociated.co.uk/articles/party-walls-article-9.asp

“A: If you want to excavate within 3m horizontally of their foundation and below the level of the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(1). If you want to excavate within 6m horizontally of their foundation and below the line cutting a 45 degree angle downward from the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(2). You can do this yourself or we can do this for you.”
https://www.hsa-surveyors.com/party-wall-common-questions/

So if the neighbour does not have any building to the side of the proposed extension, the PWA does not apply. Otherwise, the PWA would in most circumstances always be a consideration for those extending outwards.

 

[^woody^]

“The 3m excavation rule applies to a new excavation that will be deeper or load surcharge an adjoining owner’s structure foundation within 3m measured horizontally.”
https://www.rbcsurveyors.co.uk/why-do-i-need-a-partywall-agreement/

“a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of the building or structure of an adjoining owner; and”
https://www.1stassociated.co.uk/articles/party-walls-article-9.asp

“A: If you want to excavate within 3m horizontally of their foundation and below the level of the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(1). If you want to excavate within 6m horizontally of their foundation and below the line cutting a 45 degree angle downward from the bottom of their foundation you need to adhere to the Act and serve a notice under Section 6(2). You can do this yourself or we can do this for you.”
https://www.hsa-surveyors.com/party-wall-common-questions/

So if the neighbour does not have any building to the side of the proposed extension, the PWA does not apply. Otherwise, the PWA would in most circumstances always be a consideration for those extending outwards.

Wtf? You're just quoting some random web text, and you don't really have a clue about PW matters do you?

What are you a technician?
Stick to what you know.

 

[Nakajo]

The PWA is always a consideration for those extending outwards - if any part of the extension is with 3m of a neighbouring structure, and where the proposed foundation is deeper than those adjacent. Gravity doesn't only operate perpendicular to the face of the wall.

 

[^woody^]

Hey, don't get bringing Newton into this.
That will be much more googling.

 

[DevilDamo]

Stick to what you know.

 

[DevilDamo]

Are you confusing horizontal with parallel?

Yep!