PWA needed when building retaining wall against party (fence) wall?

[JayBo1979]

Hi there. I am planning to build a rear single storey extension under PD.

Part of the work will involve replacing an existing retaining wall next to the boundary with something slimmer and then tieing this new RW into the side of the extension

The RW will be wholly on our land butting up to our party fence/wall with next door, where the ground  is higher. The party wall consists of a blockwork wall at the bottom and then a fence on top (line of junction). See photo. We will not be cutting into or altering the party wall. 

I am hoping this can be done without a PWA as the neighbours have made our lives hell over other planned works. Can anyone confirm?

The foundations for the RW/ extension will be stepped, entirely on our land and on that side only 300mm so I know that’s fine. As the new RW will abutt the blockwork wall but not be on the line of junction (where the fence is) will this be ok?

We will not be cutting into or altering the party fence wall- just building a new RW up against it

 

we replaced the whole of the RW a year or so ago without a PWA or problem and now we just want to replace the part on the photo with the red arrow. The higher/bulkier party of the existing RW on the left will remain in place

Can anyone offer any advise on whether a PWA is needed?


Thanks

[Mr Punter]

Yes you should have a Party Wall Agreement.  Get a quote from a Party Wall surveyor.  They can act for both of you or your neighbour can appoint their own.  You will pay for all.  You could just ask your neighbour to consent, but from what you suggest they will not.

[JayBo1979]

Thanks Mr Punter, can you explain why/on what grounds I need a PWA? I will not be altering or cutting in to the existing wall, just replacing the RW that’s up against it

[joe90]

Read this,

https://www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about

however if your neighbours are being uncooperative then crack on, the only sticking point I think is digging your foundations next to the wall (I am not risk adverse 😇)

[Redbeard]

Have you read the gov't's guide to the PWA? https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

This may (or, I accept, may not) answer your Qs. 

 

(Was typing the above when @joe90 replied). If your new retaining wall is entirely separate from the party wall and will not in any way interfere with that wall's foundation you *may* be able to argue that these are not works to, or affecting, a party wall. But I am not sure we have enough info. It seems that the party wall is built well above the level of your yard with its footing well above the level of your yard, possibly meaning that if you were to take down your 'retaining wall'  which is  entirely on your land you would be removing support from the party wall. That sounds like something which affects a party wall.

 

 

[DevilDamo]

Replacement is treated as new. You will “at least” be excavating within 3m of their building and to a deeper level.

[Mr Punter]

2 hours ago, JayBo1979 said:

Thanks Mr Punter, can you explain why/on what grounds I need a PWA? I will not be altering or cutting in to the existing wall, just replacing the RW that’s up against it

 

As per @DevilDamo.  Excavation within 3m.  Make sure you get a decent contractor as the existing wall will need to be made stable and safe while the work progresses.

[JayBo1979]

Within 3m but only 300mm footings on that side as using stepped foundations and tieing it into the extension wall 

 

Still need one?

[Mr Punter]

2 hours ago, JayBo1979 said:

Within 3m but only 300mm footings on that side as using stepped foundations and tieing it into the extension wall 

 

Still need one?

 

If the base of your foundation is lower than the base of the neighbouring foundation you will need the PWA.

[joe90]

From the original drawing the boundary wall foundation is way above ground level the OP,s side 🤷‍♂️ surely that’s not right? Unless the OP,s side was excavated later.

[JayBo1979]

2 hours ago, joe90 said:

From the original drawing the boundary wall foundation is way above ground level the OP,s side 🤷‍♂️ surely that’s not right? Unless the OP,s side was excavated later.

Yes I believe our side was excavated later so the footings of the party fence wall are about 50cm above our ground level. The footings for our new RW snd extension will be 300mm deep on this side, so below the footings of the party fence wall but not below the foundations of the neighbours property.

 

This is so confusing! Any further advice?

[DevilDamo]

15 hours ago, JayBo1979 said:

The footings for our new RW snd extension will be 300mm deep on this side

Eh!?! How are you getting away with 300mm deep? Or are you referring to the thickness of the concrete as opposed to the actual depth below ground level?

[bassanclan]

Who does the wall on the boundary belong to? If it is your wall then you would be liable for damage on your own wall, so I would just wing it without a PWA.