Party Wall Act and foundations any advice

Parsnip7

My neighbour wants to build a very large garage alongside our existing kitchen/diner and garage extension.
He didn't even mention he was starting the work, so we wrote to him asking him to abide by the Party Wall Act as his build is only 300 mm away from our existing. He said it didn't apply but did dig a test hole revealing very shallow foundations on our building.
A party wall surveyor has been and we have notice that he proposes 'butting' up to our foundation and doing it in 1metre sections at intervals.
We have a chartered structural engineer advising us and he says this foundation is risky and he recommends underpinning.
The neighbours surveyor is trying to get Building Control to agree to the risky option.
My extension has stood for over 30 years with no problems. I don't want to live with the worry that one day I will find cracks and be faced with huge costs to put it right.
Any advice on this would be appreciated. Thank you

stebiz

Parsnip7 wrote: »

My neighbour wants to build a very large garage alongside our existing kitchen/diner and garage extension.
He didn't even mention he was starting the work, so we wrote to him asking him to abide by the Party Wall Act as his build is only 300 mm away from our existing. He said it didn't apply but did dig a test hole revealing very shallow foundations on our building.
A party wall surveyor has been and we have notice that he proposes 'butting' up to our foundation and doing it in 1metre sections at intervals.
We have a chartered structural engineer advising us and he says this foundation is risky and he recommends underpinning.
The neighbours surveyor is trying to get Building Control to agree to the risky option.
My extension has stood for over 30 years with no problems. I don't want to live with the worry that one day I will find cracks and be faced with huge costs to put it right.
Any advice on this would be appreciated. Thank you

Let me get this right. You have a large kitchen diner and garage and your complaining that he wishes to get a garage himself.
He is also planning to have deeper foundations than you and go alongside yours rather than underpin yours - which would be the alternative and no doubt would cause more concern on your side.

His won't go anywhere with the foundations he'll have to have. If yours are inadequate then you might take the opportunity in working with him - rather than against him in sorting them out. Saves all the money and expense with building experts and you can get to live with your neighbours rather than fall out with them.

Parsnip7

We don't begrudge him having a garage, although he already has one and the use of another two over the road.
Our garage is 4m long his will be 13.7 m long.

Mojisola

Parsnip7 wrote: »

A party wall surveyor has been and we have notice that he proposes 'butting' up to our foundation and doing it in 1metre sections at intervals.

Have you got your own PW surveyor? The neighbour has to pay all costs for you to have your own representation.

stebiz

Parsnip7 wrote: »

We don't begrudge him having a garage, although he already has one and the use of another two over the road.
Our garage is 4m long his will be 13.7 m long.

I'm assuming he's just taking his further along his existing property and then maybe he won't need to use of another two across the road. Let's face it there isn't much you can do. What you prefer? You mention on another post you don't want it underpinning and yet you don't want it butting up against. We are only taling 4 metres. That's less than a third of his extension.

DaveTheMus

In your other post you state that your foundations are a mere 36cm, just over 1 foot.

I can see why you're worried, your foundations are woefully inadequate, but, it's not your neighbours responsibility.

Parsnip7

Mojisola wrote: »

Have you got your own PW surveyor? The neighbour has to pay all costs for you to have your own representation.

We have a Chartered Building Surveyor advising us. I understand the neighbour should be paying his costs.

Parsnip7

DaveTheMus wrote: »

In your other post you state that your foundations are a mere 36cm, just over 1 foot.

I can see why you're worried, your foundations are woefully inadequate, but, it's not your neighbours responsibility.

We suspected that the foundations would be inadequate considering all the other problems we have had with this house. The extension was built by a previous owner. The kitchen/diner and garage were sound with no evidence of cracking before the neighbour started work.

DaveTheMus

Would underpinning not be the way to go?

Parsnip7

It would if it didn't affect our insurance. Our insurance underwriters have told us to decline the underpinning. It would also need to be disclosed if we try to sell our house, and may put potential buyers off.

cyclonebri1

Parsnip7 wrote: »

It would if it didn't affect our insurance. Our insurance underwriters have told us to decline the underpinning. It would also need to be disclosed if we try to sell our house, and may put potential buyers off.

So why are you asking here if you have had professional advice from "your" side?

Yes, the neighbours should dam well be paying for any surveyor costs to you, be please do be aware that these people see this to be a grey money pit area, where they can sting the neighbour and you too unless you are aware.
They have been described as "ambulance chasing planning vultures", I do understand why.

Technically they can't dig foundations that would allow a 45deg line from the base of theirs to route under the same from yours, if yours are substandard then I just don't know. You really do need the help of their surveyor in this case, and don't worry, if he thinks acting for you will gain more cash than acting in their interests, he will be on your side.