Party Wall Act

Hexidor

Hi.
I shall be extending my kitchen sideways and will be excavating within a couple of inches of the boundary with my neighbour. My foundations will be to a depth of one metre. My neighbour extended his property up to the boundary to include a ground floor and first floor a few years ago and his foundations are at least one metre deep.

The Party Wall Act suggests that I do not need to serve my neighbour with a notice/award because my foundations won't be deeper than his.

Have I understood this correctly or is it better to go through the process just to be on the safe side?

Any guidance would be much appreciated.

Doozergirl

You are correct.

Hexidor

I'll take some photos with my neighbour as proof. What happens in the event of damage to my neighbour's property - can I just rely on my builder's insurance or will my neighbour sue me first?

chappers

Either, but serving a PWA notice gives neither of you any further rights than exist in law anyway.

Hexidor

My architect is advising me to play safe and serve a PW notice on the basis that I can't be certain how deep my neighbour's foundations go. Are details such as the design of foundations generally available to the layman via my local council?

Hexidor

Or maybe not

Doozergirl

They should be available from the council if they used their building control.

I would not be serving notice ‘just in case’. It’s like a red rag to a bull for some neighbours and an excuse to spend an awful lot of your money. Ridiculous if the act doesn’t apply.

I would certainly ask for the Building Control file from your Local Authority first.

GDB2222

Dig a pit to see how deep the foundations are?

Hexidor

Spoke to my neighbour. He thinks we should get a surveyor around to take photos so that there is a record of the condition of his building. I replied that there's nothing to stop us taking photos ourselves. He is going to make enquiries.

If he wants to engage a surveyor, would that be at his expense or mine?

GDB2222

Hexidor wrote: »

Spoke to my neighbour. He thinks we should get a surveyor around to take photos so that there is a record of the condition of his building. I replied that there's nothing to stop us taking photos ourselves. He is going to make enquiries.

If he wants to engage a surveyor, would that be at his expense or mine?

It's actually in both your interests to have a third party record the state of your neighbour's property, so at least offer to split the cost.

To be frank, he's probably expecting you to meet the whole cost. How well do you get on?

Hexidor

It will probably be me bearing the cost as it's me who wants the extension. We get on very well so should be able to decide on an Agreed Surveyor.