Building extension

Little_Missy

Hi all,

I'm planning to build a single storey extension on the rear of my semi-detached house under permitted development rights. I will be building it at the line of junction between myself and my neighbour. The Party Wall etc Act 1996 states that I can legally do this, so long as I serve notice on my neighbour, and that I can place any necessary projecting footings/foundations under their land. However, it goes on to state that any dispute arising should be determined in accordance with section 10 of the Act.

I'm a little confused......how could a dispute possibly arise if I am legally entitled to build at the line of junction, a structure placed wholly on my own land, and place any necessary projecting footings/foundations under my neighbours land? Surely my legal right to carry out the above dictates that my neighbour is unable to raise any valid dispute?

Also, I would appreciate a little advice regarding security for expenses. The footings/foundations will project under my neighbours land and, therefore, part of their land will need to be excavated (it is just a flagged area), which will simply expose a small area of the foundations of their house for a short while whilst the foundations are laid for my extension. From what I have read, as the proposed works pose little risk to my neighbours property, security for expenses is unlikely to be necessary?

All helpful advice would be very much appreciated!

Thanks in advance.

jellie

My neighbour says they are going to build an extension under permitted development rights. This will be built on the boundary line, which means that their foundations will be underneath my land.

My neighbour says that as it is their legal right to build the extension, I can't stop them digging up my garden for their foundations and anyway, it's only a patio area.

Although my house foundations will be exposed as part of the building work, my neighbour says I can't do a thing to stop them carrying out the work.

I'm concerned by all this, especially as I will have no say in who they choose to do the work. How can I protect my property and ensure there is no damage. Or if there is damage, that it will be put right and with the minimum of disruption to our home?

I'm afraid that if I were your neighbour I would instruct a surveyor at the earliest opportunity who, under the Party Wall Act, you will have to pay for.

I_have_spoken

I will be building it at the line of junction between myself and my neighbour

No gutter then, or are you planning to commit a trespass by having that overhanging?

I'm a little confused...

The point of a Party Wall Award is to ensure that the Adjoining Owner does't suffer as a result of shoddy building work and poor construction, even when planning etc. has been obtained. Remember, the extension will only benefit you, as far as the neighbour is concerned it's all unwelcome.

Peeps can get into a heap of problems by charging on before an Award has been agreed between surveyors.

tberry6686

I can place any necessary projecting footings/foundations under their land.

Not so sure that this is true. As far as I am aware you would have the right to enter your neighbours land for maintenance only (and even then would need a court order to force it) but no right of access for new construction.

The only way to do it legally is with your neighbours permission and that will require a party wall agreement which can be expensive if your neighbour isn't keen.

Little_Missy

Presumably, I could get around the Party Wall Act altogether by building the extension away from the line of junction (i.e. the foundations being maybe 1" from the line of junction)? By doing this, I would not be building on the line of junction and, therefore, so long as I did not excavate below the level of my neighbours foundations, the works would not fall within the scope of the Party Wall Act and I would therefore not be required to serve any Notice etc. on my neighbour?

I cannot find any info on building near the line of junction and, as the Party Wall Act states "on the line of junction", I can only take this as literal and presume that 1" away from the line of junction is not classed as 'on the line of junction'. However, should anybody disagree with this, I would be interested to hear your comments.

Thanks.

I_have_spoken

and, therefore, so long as I did not excavate below the level of my neighbours foundations,

Depending on when your semi was build, changes to building regs. may mean you are obliged to go deeper than the neighbour’s foundations. Building Control will tell you what's needed for your area, but assume a 0.6m to 1m deep trench for concrete pour.

Doozergirl

Little_Missy wrote: »

Presumably, I could get around the Party Wall Act altogether by building the extension away from the line of junction (i.e. the foundations being maybe 1" from the line of junction)? By doing this, I would not be building on the line of junction and, therefore, so long as I did not excavate below the level of my neighbours foundations, the works would not fall within the scope of the Party Wall Act and I would therefore not be required to serve any Notice etc. on my neighbour?

I cannot find any info on building near the line of junction and, as the Party Wall Act states "on the line of junction", I can only take this as literal and presume that 1" away from the line of junction is not classed as 'on the line of junction'. However, should anybody disagree with this, I would be interested to hear your comments.

Thanks.

It makes it easier all round to build away - consider that if you build up to the boundary, when they want to build an extension themselves, that they could use your wall as their wall.

Bear in mind that if your foundations start 1" from the boundary then your actual wall will be about 20cm from the boundary, but 20cm is not a lot of space to lose/gain inside.