Building on the boundary line.

[Dusty]

Hi all

I am looking to build a 2 story side extension to a detached house and my boundary is 3m from the neighbouring property. There is a public footpath between both houses. Do I have any height restrictions building up to my boundary please?  

 

Many thanks

[Big Jimbo]

If you are going for planning permission then no, but under or at 3mt and you will need a party wall agreement.....Yuk. That could cost you a few quid.

[Dusty]

19 minutes ago, Big Jimbo said:

If you are going for planning permission then no, but under or at 3mt and you will need a party wall agreement.....Yuk. That could cost you a few quid.

Thanks for that. Sorry I forgot to say the footpath is actually a  public footpath. Would I still need a PWA in this case?

[Big Jimbo]

If you are building within 3mt of the neighbours property you will need a party wall agreement. If you are between 3 and 6mt away you may still need one. The rules are different. Then it is all about how deep your foundations are in relation to theirs.  Lots of info online about PWA. For example if you were 3001mm away from there building, and you imagine that they have foundations (bottom of) at 750mm deep. 45degee line down into the earth from there means your foundations could be 3750mm deep without you needing a PWA. I would defo advise staying just over 3mt away from your neighbour and avoiding the need for a PWA if you can.

[Temp]

1) Planning Permission

 

Pretty sure you will need planning permission because a footpath is a highway... 

 

https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=12073

Quote

No extension forward of the principal elevation or side elevation fronting a highway.

 

2) Party Wall Act

 

Quote

I am looking to build a 2 story side extension to a detached house and my boundary is 3m from the neighbouring property.

 

Will your extension be 3m from his boundary or 3m from his house?  

 

See section 28 page 19 and the diagram 6 on page 20.. 

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

 

Its the distance between your foundation trench and their house or outbuildings that matter. The PWA applies if:

 

a) It's less than 3M

or

b) It's between 3 and 6m AND your trenches will be more than a certain depth (see diagram 7 on page 21

 

Edited April 8, 2019 by Temp

[Dusty]

Thanks again.

OK for clarification I have just checked the topographical survey and my boundary line is 3.2m from the neighbouring building. My foundation trench would be slightly deeper as my house sits around 40mm lower due to the difference in the land level.