PencilPot Posted July 15 Share Posted July 15 (edited) 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 Edited July 15 by PencilPot Link to comment Share on other sites More sharing options...
joe90 Posted July 15 Share Posted July 15 My understanding is garden walls are party walls, this from gov website. Party walls stand on the land of 2 or more owners and either: form part of a building don’t form part of a building, such as a garden wall (not wooden fences) 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 15 Author Share Posted July 15 (edited) 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? Edited July 15 by PencilPot Link to comment Share on other sites More sharing options...
bassanclan Posted July 16 Share Posted July 16 Who does the wall belong to on your deeds or on his deeds? 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 16 Author Share Posted July 16 (edited) 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 Edited July 16 by PencilPot Link to comment Share on other sites More sharing options...
joe90 Posted July 16 Share Posted July 16 20 hours ago, PencilPot said: 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. Ambulance chasers by the sound of it, I know of two cases where a PWA has caused problems and wasted money so not a fan of them (but realise they are needed in some circumstances). 1 Link to comment Share on other sites More sharing options...
HughF Posted July 16 Share Posted July 16 Everyone on our terrace has done rear extensions - no-one had a PWA, we just got on with it 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 18 Author Share Posted July 18 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? Link to comment Share on other sites More sharing options...
bassanclan Posted July 18 Share Posted July 18 I would take lots of photos especially of any areas of cracks, etc on the wall and neighbours house then carry on, get the diggers in on a Saturday morning and book the building inspector and concrete for the following Monday! Better still stalk the neighbour on Facebook etc and find out when they are off on holiday and get the shell built before they get back. 3 Link to comment Share on other sites More sharing options...
joe90 Posted July 18 Share Posted July 18 On 15/07/2024 at 13:31, PencilPot said: I will be building about 4m away from this retaining wall, I rest my case 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 18 Author Share Posted July 18 (edited) 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) Edited July 18 by PencilPot 1 Link to comment Share on other sites More sharing options...
joe90 Posted July 18 Share Posted July 18 IMO you can either ignore the letter or reply stating the PWA is not required. 1 Link to comment Share on other sites More sharing options...
HughF Posted July 21 Share Posted July 21 On 19/07/2024 at 00:04, joe90 said: IMO you can either ignore the letter or reply stating the PWA is not required. This…. I’d ignore it and just crack on. 2 Link to comment Share on other sites More sharing options...
PencilPot Posted July 21 Author Share Posted July 21 On 19/07/2024 at 00:04, joe90 said: IMO you can either ignore the letter or reply stating the PWA is not required. 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)" 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 21 Author Share Posted July 21 (edited) 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 Edited July 21 by PencilPot Link to comment Share on other sites More sharing options...
Mr Punter Posted July 21 Share Posted July 21 Bear in mind that as soon as you serve a Party Wall notice you will be liable for the fees of your surveyor plus those of the adjoining owner. In any case you will be liable for any damage. If you do the work without serving a notice the only recourse the adjoining owner has is to issue a High Court injunction. If they are not successful with the injunction they will be liable for your fees and expenses in defending it so quite a gamble if they are not sure of winning. 1 Link to comment Share on other sites More sharing options...
joe90 Posted July 21 Share Posted July 21 6 hours ago, PencilPot said: after a spammed letter sent purely based on the public records avlaible for the extension. Yes I have come across a family member in this situation, she does not require a PWA but has received a letter telling her she does and they will act for her. 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 22 Author Share Posted July 22 17 hours ago, joe90 said: Yes I have come across a family member in this situation, she does not require a PWA but has received a letter telling her she does and they will act for her. What did they do in this instance just ignore it i presume? Link to comment Share on other sites More sharing options...
joe90 Posted July 22 Share Posted July 22 55 minutes ago, PencilPot said: What did they do in this instance just ignore it i presume? Yes that was my advise. 1 Link to comment Share on other sites More sharing options...
PencilPot Posted July 23 Author Share Posted July 23 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 1 Link to comment Share on other sites More sharing options...
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