Single Story kitchen extension/Party Wall dispute.

[RH122]

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

[George]

Just do a Party Wall Agreement anyway? She can't stop the works and the PWA is to protect you and her if any issues arise.

 

Edit - indeed, if you start work, then find out you will be going deeper than the foundations (trial hole will only give a single point) then you'd have to stop, issue a notice, then wait a month. I think I'd rather issue a notice setting out the intended plan and what to do if that's not possible.

Edited April 11, 2022 by George