PencilPot

Perfect, thank you all for your inputs. It has been greatly appreciated I'm fine with how i need to proceed now, so thanks again

What did they do in this instance just ignore it i presume?

I think its quite possible the neighbour has requested them to work on their behalf, after a spammed letter sent purely based on the public records avlaible for the extension. I have read that no surveyor can be instructed until a PWA request ahs been served anyway. So as both have mentioned above i presume that still stands Once again thank you for your inputs

Thanks Joe, yes i emailed them and said "Thank you for your letter dated x. Please be aware that we will not be conducting notifiable works with regards to (address)"

Thank you both for your replies once again 🙂 Hi Joe Sorry I meant i will be 4.1 meters away from there house. the garden wall is my responsibility it has a T on my deeds but we will not be doing foundations lower than that wall or the neighbours house (which is 4.1m away)

Thank you Hugh and Joe for your responses Well i have an update a letter landed on my doorstep this morning from a party wall solicitor citing that they have been authorised by my neighbours to act for them in relation to the proposed building works, and that under the party wall act i need to serve one month notice prior to commencement of the works and that i should direct all plans and communication to them in their office. They are also stating they can act for me also. I thought on 2 grounds the act wouldn't apply based on the above, am i wrong? Everything i have read seems to support that. The party wall agreement only applies if you are building within 3m of the neighbours foundations. Which i am not as its just over 4m away. The foundation's need to go lower than the neighbours foundations to make the party wall act valid within that 3m boundary, and my foundations will not be going lower. Am i right on the two points above and if so what response shall i give to the letter sent?

Thank you for your reply bassanclan The fence that runs that side and sits on the wall is mine, nothing explicitly said about the wall in terms of ownership or shared ownership. The original boundary posts and fence posts sit in the middle of the wall. As they do on many more in this local area. I have asked the local council for more clarity but there is nothing mentioned that they have visibility to either. I think there are instances where the liability is shared, due to no 100% clarity and also instances where the house retained may have done repairs. But the T is on that side of the land in my deeds

Hi Joe Thank you for your reply, right, I wasn't aware of that myself? This is the kind of discussion i wanted to invite so thank you for your reply. My understanding still would be that even if the wall comes into play i will not be going lower than the wall or indeed its foundations either, so would that again mean it would not apply? Or am i incorrect here?

Good afternoon Everyone I'm wondered if i can seek your advice thoughts, experience and comments. I am planning on doing a small single story rear extension on the back of my house. Our house is a (1950’s) semi (ex local authority house). I won't be building on the dividing walls of the houses or the neighbours garden/retaining wall. I will be building about 4m away from this retaining wall, so my new proposed foundations will not be touching this walls foundation. I have done a couple of illustrations to outline the situation. There is quite a significant reop between me and my unattached neighbour on the right. With a minimum of 1.8m in height (This is the lowest height of the retaining wall) The retaining wall between my neighbour and I have been there since the houses were built and is fine structurally although some facings of bricks have blown with the weather and ill repoint and repair these post the extension build and get access to the neighbours land. Soil wise its hard clay here if that provides additional context. The drawings state my extension foundations should ne 1.5m I don’t officially know what the existing house foundation depth is, for the neighbour or I, However as mentioned I wont be surpassing the neighbours foundation depth. The wall of the extension and the wall of the neighbour’s house is 4.1m apart. They are also as mentioned nearly 2 meters below in height. So my understanding is it is not within 3 meters and also I will not be putting foundations lower than the neighbour’s house. Therefore a PWA agreement is not required. *Number 26, Party wall agreement required, my question is around number 28. I believe the neighbour has been sent a legal letter from a solicitor who has seen the planning applications online and sends blanket letters requesting Party wall agreement representation via them. I have been informed the neighbour has asked them to assess the status of the retaining wall an how sound it is. My questions are as follows · As far as I understand if this assessment is done and there is a cost to it (the neighbours assessment) I would not be liable as I’m not I the party wall requirement? Is that correct? · I have spoken to my Architect who is also a structural engineer and surveyor, and he has said there is no concern. Do I also need to run this via building control? · I presume if the PVA is not required that I don’t need to serve any form of notice and can look to begin the works and just start? · My question is around a Party wall agreement, based on the information above and the diagram below is a party wall agreement required? I just want to double check and someone else may have similar experience to me. Thanks in advance for your comments