Party Wall Notice?

[Ste-EVo]

Hi I'm after a little help/advice please.

My Mam is in the process of having an extension built on the rear elevation of her semi detached house, work started yesterday in the form of excavation work for the foundations and last night her neighbour in the attached semi advised they haven't been severed with a party wall notice (which is true they haven't).

The building company, a large building firm for the north east who are managing it all, has said its not needed and continued the work today and plan to keep doing so, however I have been reading online it looks like I could well be something that should have been served 2 months before works started.

She only got the conformed date last week for works to start...

Planning permission is in place but I feel theat is unrelated possibly??

My knowledge is limited and I'd like to try and help my mam out with this.

Any advise from knowledgeable people would be great, thank you.

[dickymint]

What are you building up against? A garden wall? A fence? Or the neighbours house itself?

[Busa mav]

You need to find out if your new foundations will be deeper than the neighbours house , hopefully not.

[blueg33]

It’s not connected with planning.

[Ste-EVo]

Foundations are with 3mtrs on the party wall, not as deep as the houses original founds - which I've since found out is a good thing.
Not building up against anything other than the rear elevation of my mams house.

[Grobag]

A Notice of Adjacent Excavation is only required if you’re digging within 3m of a neighbouring building AND to a depth which is deeper than the foundations to the neighbouring building.

With your report that the new foundations aren’t going deeper, Party Wall doesn’t apply.

[TA14]

Grobag said:

A Notice of Adjacent Excavation is only required if you’re digging within 3m of a neighbouring building AND to a depth which is deeper than the foundations to the neighbouring building.

With your report that the new foundations aren’t going deeper, the Party Wall etc. Act 1996 doesn’t apply.

Although it might be worth a visit to explain that, run through the planning permission with them and let them know when the building works are scheduled to finish.

[horseshoecrab]

Sounds like a party wall notice is probably required and I'd recommend doing one anyway just so you don't fall out with the neighbours
You can pay your architect a few hundred quid or do it yourself for nowt. It's very easy and all very obvious standard stuff. All you need is a yes / no letter and a copy of your plans. There are loads of templates online.

Here's one
https://collier-stevens.co.uk/resources/party-wall...

Edited by horseshoecrab on Tuesday 18th February 22:18

[Grobag]

horseshoecrab said:

Sounds like a party wall notice is probably required and I'd recommend doing one anyway just so you don't fall out with the neighbours
You can pay your architect a few hundred quid or do it yourself for nowt. It's very easy and all very obvious standard stuff. All you need is a yes / no letter and a copy of your plans. There are loads of templates online.

Here's one
https://collier-stevens.co.uk/resources/party-wall...

You’d be better off explaining to the neighbour why it doesn’t apply rather than serving a notice that isn’t necessary. Saves the potential for the neighbour to dissent to it, appoint their own surveyor at your expense, and you end up picking up a £2k bill for no reason!!

Edited by horseshoecrab on Tuesday 18th February 22:18

[Ste-EVo]

Thanks for the input, having researched a little deeper (no pun intended) given the depth of excavation it isn't required, and all has been smoother out between Mam, her neighbour and the builder.

[Busa mav]

Ste-EVo said:

Thanks for the input, having researched a little deeper (no pun intended) given the depth of excavation it isn't required, and all has been smoother out between Mam, her neighbour and the builder.

You will probably find that the neighbour has been mis informed by a “well meaning” relative to try to trip mum up .

So many neighbours are so agreeable to an extension when you advise them what you intend to do, but get fired up behind closed doors.
Seen this so many times, a few occasions it has resulted in neighbours for 40 years never speaking again !

[Ste-EVo]

Yea, its sad that it comes to that, we had similar with our neighbours at our old house over a fence, we didn't fall out full but things were awkward at times, I felt it was a niggling issue constantly for them but that's another story...