Extension and Party Wall issues

[Wrighty2010]

Hi

This is my first post.  We have full planning permission and a Building Notice in place for a single storey extension to make our kitchen bigger, build a utility room and a downstairs shower room.

 

Since planning was agreed one of our neighbours moved and the new ones seemed a bit put out about it.  I suggested they could pop round one time and have a look at plans and discuss any concerns with us but they never did.

 

We then attempted to let them know when we were starting but they never came to the door.  The first we knew of any issue was when they complained to the Building Inspector.  He came and visited and was very happy - so far we have only dug half of one trench.  He alerted us to a party wall issue - we stupidly hadn't served notice as we don't have a party wall and nor are we building up to the boundary.  We hadn't considered the 3m rule - our mistake entirely.

 

So we halted the build immediately, took a bottle of wine around to apologise (they didn't answer the door but they must have taken the wine) and employed a Chartered Surveyor to serve notice.  

 

Realising they were clearly not going to answer the door, i sent another note asking for their name and contact details to give to the Surveyor and they haven't replied a week later.

 

Anyway, we served notice yesterday but am anticipating they won't make this easy for us.  The Building Inspector keeps trying to reassure me that they are being "immature" and that they can't stop the build but it worries me that they can dissent and employ their own surveyor which we also have to pay for! Seems to me like this is going to cost thousands and it doesn't seem fair to me that we have to pay for someone they may appoint with presumably no cap on fees?  Our architect and structural engineer have said we won't have any issues and won't need to strengthen or underpin their footings and they both seem to think the neighbours are doing this just to be difficult as they stand to gain nothing.

 

I should also add we are lovely people and were really considerate - only did work between the hours of 9-4 and tried to let them know face to face when we were starting as well as letting them pick a new fence which we would pay and install.

 

We have lost our builder in the meantime who now can't come till December....so all in all, feeling pretty miffed.

Edited April 12, 2022 by Wrighty2010

[markc]

Hi and welcome. Do you really need a party wall agreement? As you are not fixing to, altering or undermining their property there should be no problem or reason.

sounds like you have tried to be considerate and respect their privacy etc.

I would just crack on with it now 

[Wrighty2010]

1 minute ago, markc said:

Hi and welcome. Do you really need a party wall agreement? As you are not fixing to, altering or undermining their property there should be no problem or reason.

sounds like you have tried to be considerate and respect their privacy etc.

I would just crack on with it now 

I have been told we do because we are within 3 meters of their footings? Even though we are going deeper than theirs....i am quite confused to be honest.  My architect said to crack on too!

[markc]

if you are going deeper than their footings and there is a chance of excavation collapse etc then yes you do need an agreement, but this doesn’t have to be anything fancy or expensive.

you details the works to be done, show what measures you are putting in place to prevent damage to their property and what you will do if something does happen that affects them. 

[joe90]

Just been reading up on this and found this sentence interesting…..

The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

 

Yes you are digging within 3 meters of their footings and as long as yours is no deeper than the 45’ rule you don’t need to mitigate your design. Your neighbour is just being a pain in the arse and as they won’t answer the Door don’t try being nice anymore, if your building inspector is happy I would crack on and let them do the running re “legal redress”.