vik2001 Posted May 18 Share Posted May 18 (edited) I've dug foundations 800 down very close to the boundary but on my side of the fence. Neighbour was doing extension and dug my footings. Now work is not continuing he wants me to do a party wall agreement. The building has not gone up but the footings have been dug . What should I do? Edited May 18 by vik2001 Link to comment Share on other sites More sharing options...
NailBiter Posted May 18 Share Posted May 18 (edited) I'm sorry I don't really understand what happened here or what the question is, some clarity might help others too. You were planning to build an extension. Neighbour planned to build an extension. You decided to save costs by sharing the foundation for the party wall of the extension Neighbour now cancelled their extension but you will still build yours. Neighbour now wants party wall agreement. Is that correct so far? I'm pretty sure party wall agreements are mandatory so what other choice do you have? Are they making any unreasonable demands? Edited May 18 by NailBiter Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 No neighbour was the builder. He did the digging to my footings. Then we stopped works due to other issues between us. Now he wants a party wall agreement Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 A PWA cannot be enforced retrospectively. End of. Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 53 minutes ago, DevilDamo said: A PWA cannot be enforced retrospectively. End of. So am I still able to put the extension up from the footings. Or is that seen as I should serve a notice first? I understand you saying it can't be enforced after, but me putting the extension up is still seen like the footings, it can't be enforced? Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 No as works have started. Why are you talking about putting the new wall up now? You said you’ve stopped the works? Link to comment Share on other sites More sharing options...
NailBiter Posted May 18 Share Posted May 18 This is an interesting reference point: http://constructionblog.practicallaw.com/does-the-no-notice-no-act-party-wall-decision-leave-us-in-a-no-win-situation/ I'm not a lawyer so I'm not even going to try and interpret that. Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 38 minutes ago, DevilDamo said: No as works have started. Why are you talking about putting the new wall up now? You said you’ve stopped the works? Yea I stopped thr work at foundation level. But I need to restart the works with someone else... Link to comment Share on other sites More sharing options...
joe90 Posted May 18 Share Posted May 18 Again I am no lawyer but reading that the PW agreement cannot be retrospective (as said by @DevilDamo) so no action can be taken, crack on IMO let your neighbour spend money chasing you if he wants just keep planning and BC happy. Link to comment Share on other sites More sharing options...
nod Posted May 18 Share Posted May 18 27 minutes ago, vik2001 said: Yea I stopped thr work at foundation level. But I need to restart the works with someone else... Got it now Bit like your ex wife not liking you new one No particular reason other than it’s not them Tell him to get over it The moment as been and gone 1 Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 He basically not happy I've gone elsewhere, and wants to dispute me building so just looking to cause trouble. So he's talking about me getting surveyors Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 He's talking about my exvacation being 3 or 6m close to his... Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 3 hours ago, vik2001 said: Yea I stopped thr work at foundation level. But I need to restart the works with someone else... So why on another post are you asking about re-instating the wall below the steel? 🙄 Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 2 hours ago, vik2001 said: He's talking about my exvacation being 3 or 6m close to his... It doesn’t matter (now) as you have started works without an agreement. Read the PWA or get in contact with a PWS should you want further clarification or confirmation. Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 The steel was put in for support incase the extension happened. I'm trying to put the house back after the builder wrecked it Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 To put it back but then start with somebody else so this wall will end up coming out again… Just erect an insulated timber stud wall until the next builder has reviewed and ready to start. Link to comment Share on other sites More sharing options...
vik2001 Posted May 18 Author Share Posted May 18 The reason he was saying I need a pwa is because I excavated within 3 metres of the boundary. So because I started excavated earlier before the pwa does not apply retrospectively? Link to comment Share on other sites More sharing options...
Mr Punter Posted May 18 Share Posted May 18 If you have an excavated trench, either concrete it to form footings or backfill it. Don't leave it open. 1 Link to comment Share on other sites More sharing options...
DevilDamo Posted May 18 Share Posted May 18 36 minutes ago, vik2001 said: So because I started excavated earlier before the pwa does not apply Correct. If he’s being difficult, ask him for his PWA and see what his response would be. 1 Link to comment Share on other sites More sharing options...
EdHat Posted May 24 Share Posted May 24 Fill the footings then you're ok. The PWA only applies to the footing works so it will be too late once they're complete. Link to comment Share on other sites More sharing options...
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