Party wall agreement for foundation exploratory holes

[SilverShadow]

Hey all,

 

Thought i'd quickly ask you guys for your thoughts on the following please....

 

When digging 2 foundation exploratory holes (to check existing foundation depth) near our boundary, is a formal party wall agreement need to be in place, prior to excavation?

 

The holes will be 50cm x 50cm, to check the depth of our garage foundations (so possibly be 1m deep or more). These would be within 1m of the neightbours boundary wall, and their land is 1m higher than ours. 

 

We want to keep on good terms with the landlord/tenants next door, so would notify them anyway. I just wanted to check whether we'd definitely need a party wall agreement in place prior to digging the exploratory holes, and whether it should be a formal document prior to commencing? (i suspect we will need this, but wanted to check my understanding is correct)

Edited Thursday at 09:52 by SilverShadow

[Spinny]

Don't know.

They may also be interested in your plans to build a 2 storey extension.

[Mr Punter]

I don't think this is needed if you do not excavate below the level of the base of the neighbour's foundation.  If you do serve a notice and the neighbour does not consent it will lead to a fair amount in fees.  You could probably dig the holes inside your garage without involving the PWA.

[SilverShadow]

4 hours ago, Spinny said:

Don't know.

They may also be interested in your plans to build a 2 storey extension.

 

Indeed - they will be privy to these, as part of the formal PP process. However, we wanted to try and do the exploratory foundation holes asap, so we can determine the existing floor suitability & get a party wall agreement in asap

[kandgmitchell]

From your sketch I can't see how you are not going to be excavating within 3m and below the neighbour's foundations.  You will need to notify a minimum of a month before the work. You only need a party wall award if the neighbour either objects or fails to consent within 14 days of your notification. For such small work therefore you need to get them on board. Fully explain what you want to do as most people are reasonable and only want to be re-assured that their property isn't going to fall down. Explain that you need to formally notify them (but would have out of courtesy anyway) and when you do could they please just confirm back that they have no objection. If that happens then get on, do no more than you said you would and get the holes back filled asap.

[SilverShadow]

3 hours ago, Mr Punter said:

I don't think this is needed if you do not excavate below the level of the base of the neighbour's foundation.  If you do serve a notice and the neighbour does not consent it will lead to a fair amount in fees.  You could probably dig the holes inside your garage without involving the PWA.

 

Yeah, i suspect you may be right. There is a rule about drawing a 45' line from the base of the neighbours foundation (where 3-6m from neighbours house), and if your digging/foundations do not cross this line then you don't need it. However, the crux of this is knowing how deep their foundations go, and i think some just take the 45' line from the ground surface to be on the safe side. I'm not 100% sure on that last bit though

[kandgmitchell]

That was in reference to your trial holes not the main works - although if the garage founds are ok you wouldn't be excavating for the extension I guess.

[SilverShadow]

1 hour ago, kandgmitchell said:

From your sketch I can't see how you are not going to be excavating within 3m and below the neighbour's foundations.  You will need to notify a minimum of a month before the work. You only need a party wall award if the neighbour either objects or fails to consent within 14 days of your notification. For such small work therefore you need to get them on board. Fully explain what you want to do as most people are reasonable and only want to be re-assured that their property isn't going to fall down. Explain that you need to formally notify them (but would have out of courtesy anyway) and when you do could they please just confirm back that they have no objection. If that happens then get on, do no more than you said you would and get the holes back filled asap.

 

 

Great advice!  

 

Tbh, we were pretty much sold on contacting them regardless - so i think we'd rather stay on good terms and keep everything above-board. I should have mentioned to take those measurements with a pinch of salt - it's definitely 3m at least, but that's an irrelevancy if we're informing them anyway

 

For their agreement, would you say something via email would suffice?

 

And just to remove all doubt - if they agree via email we'd probably not need an official Party Wall Agreement doc?

 

 

[SilverShadow]

1 hour ago, kandgmitchell said:

That was in reference to your trial holes not the main works - although if the garage founds are ok you wouldn't be excavating for the extension I guess.

 

Yeah, we're hoping the existing foundations are >1m, so we don't have to mess about with it. Thought as we're planning a 2 storey extension we'd need to be absolutely sure

[kandgmitchell]

If the adjoining owner consents to your proposals then there is no "dispute". If there is no dispute then no party wall agreement is required. However, you are obliged to act in a reasonable manner and not cause undue inconvenience. If you do then a dispute can arise during the works and then it all kicks off. Be aware also that the adjoining owner may have rights to support from your land in common law which are above and beyond the Party Wall Act so don't undermine his foundations or garden.

 

Since the Electronic Communications Order 2016, email is an acceptable way of dealing with party wall matters. Negotiation is the key here and for all such small works otherwise you are just pouring money into surveyors pockets...

[SilverShadow]

On 31/10/2025 at 09:56, kandgmitchell said:

If the adjoining owner consents to your proposals then there is no "dispute". If there is no dispute then no party wall agreement is required. However, you are obliged to act in a reasonable manner and not cause undue inconvenience. If you do then a dispute can arise during the works and then it all kicks off. Be aware also that the adjoining owner may have rights to support from your land in common law which are above and beyond the Party Wall Act so don't undermine his foundations or garden.

 

Since the Electronic Communications Order 2016, email is an acceptable way of dealing with party wall matters. Negotiation is the key here and for all such small works otherwise you are just pouring money into surveyors pockets...

 

 

Brilliant stuff - many thanks!  

 

We are planning on contacting the neighbour next week, and sending an email detailing our proposal and rough start date. If email is acceptable then this will be an amazing cost saving to our project. The neighbour has tenants in the house, which i believe also need to give consent?

 

Either way, if we can get this sorted next week, then we could start exploratory holes early/min Jan (as i think we need 2 months notice before commencing). 

[Spinny]

I am not sure the comments above are clear enough. Yes you do not need to use Party Wall Surveyors to establish a Party Wall Agreement or Award. However to make sure you have some agreement that stands up to any scrutiny in the event of an incident, problem, or dispute arising, then I believe you should carefully follow the advice and guidance on complying with the Party Wall Act which is published on line. This includes various template documents to use for writing to your neighbour and gaining their agreement etc etc. Just pinging an email and getting an email 'ok' is unlikely to be good enough.

 

You have to bear in mind the worst case - say you dig a hole and the neighbour experiences some structural damage ? Now he wants you to pay and you end up in dispute. An informal randomly worded email exchange will be worth naff all in court.

 

When having to deal with my nasty neighbour and his PW Surveyor - the paperwork explicitly required people to give written signed consent to the use of email for example. Email can be a questionable tool which can and does get misused. Some people will email stuff at 6pm on a friday after you have just left for a 2 week holiday, then claim you didn't object, so they knocked down your boundary wall while you were away. Some people, like me. don't read emails every day or at weekends - because - because I am supposed to be retired and I have done my decades of slavery to email nonsense. For something to stand up in court I believe it should be sent registered post and signatures witnessed for example.

[Spinny]

Regarding the extension.

I very strongly recommend you talk to your neighbour about this at the earliest stage. It is already obvious to anyone with half a brain that digging such holes is a prelude to a building project. When you have some plans give your neighbour a copy and ask them about any concerns they may have. If they have concerns talk to your architect and see how they might be alleviated. It isn't always possible, but even the smallest modification to your plans will demonstrate that you are not selfish gits, but empathic members of the human race capable of trying to see things from the point of view of others and taking their concerns into account.

Trust me, get off on the wrong foot - as our neighbours deliberately chose to do by sneakily submitting secret plans for approval the day before Xmas - and there is no way back.