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Third party wall act and foundations

I would like to build a small extension that will be 2m away from my neighbour's foundation. His foundations were poured 7 years ago and was to regs. Can I safely assume that as long as I dig no deeper than the plans that were originally submitted to the council, I will not have to serve a party wall act notice? Any advice would be appreciated. Thank you

Comments

  • chappers
    chappers Posts: 2,988 Forumite
    providing you don't go deeper then his foundations
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's correct. No deeper.
    Everything that is supposed to be in heaven is already here on earth.
  • Thanks for the replies. My question is can I assume the depth from the plans as my neighbor cant remember (just told me that they went really deep!). Digging a test hole would be almost impossible as there is a layer of concrete and patio around the house. Thanks
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does your neighbour have the Building Control Approval certificate? Or did they have Building Regulation Plans drawn up by an architect?

    If your neighbour remembers having traditional footings dug and filled with concrete, then the minimum depth is 1 meter and has been for donkeys ears, so if there is a certificate, that is the minimum depth of their foundations.

    Otherwise the Local Authority will have the certificate, inspection notes made during the build and possibly Building Regulations plans if they were produced. No need to dig holes. Contact the LA.
    Everything that is supposed to be in heaven is already here on earth.
  • ComicGeek
    ComicGeek Posts: 1,667 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Inspection notes are important - sometimes the inspector asks for the footings to be dug deeper after an inspection due to site issues not obvious from the submitted drawings, ie nearby trees.
  • chappers
    chappers Posts: 2,988 Forumite
    As Doozer says 7 years ago they would be 1m min, unless you hit bed rock.
    I'm sure you will be OK and to be honest you are actually 2m away doesn't sound like your neighbour is too bothered anyway. If you cause any damage he still has the same rights, in law,regardless of whether you issued a PWA notice or not. Equally there is no penalty in law if you don't serve one.
  • Thanks for the all the replies. Very helpful.
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