Situation with neighbour and extension

yuzi87

I'll try to keep this as to the point as i can.

I bought a new property
I informed neighbour of my plans to extend
I apply for planning permission.
Neighbour asks me to go round to discuss my plans.
I go round all goes well i explain i will not put any steels on partywall but on brick piers.
I ask the neighbour if they could sign a letter stating they have seen my plans and are happy with everything so that i can give it to planning.
They sign the letter.
Planning passes no objections.
Neigbour has 4m single extension from before 2003 which i notice has no planning.
I dig my foundations next to this extension no deeper than neighbours existing foundations around 800cm.
I pour concrete, i build up to dpc level and get everything passedby building control.

I now recieve solicitors letter from next door stating i need a pwa!
There will be no works i am doing that involve the Party wall. I have already completed all ground works and took pictures of everything.

The letter says if i dont respond or get a surveyor neighbour will get injunction on my building works......

Im not sure how to proceed?

Doozergirl

They can't get an injunction.

If the PWA doesn't apply, it doesn't apply. You could get a PWS to write to the solicitor confirming it.

If the PWA did apply, the work that would have has been done already and they can't obtain an injunction to stop it.

I presume the neighbour's extension doesn't have 800cm deep foundations and that you meant 80cm (or 800mm) but what kind of footings do you have that aren't deeper? Traditional footings go to at least 1 metre depth and would be deeper than your neighbours.

yuzi87

Doozergirl wrote: »

They can't get an injunction.

If the PWA doesn't apply, it doesn't apply. You could get a PWS to write to the solicitor confirming it.

If the PWA did apply, the work that would have has been done already and they can't obtain an injunction to stop it.

I presume the neighbour's extension doesn't have 800cm deep foundations and that you meant 80cm (or 800mm) but what kind of footings do you have that aren't deeper? Traditional footings go to at least 1 metre depth and would be deeper than your neighbours.

I read that even if groundworks are completed neighbours can still put injunction on my build till a pwa is approved. Tbh the 80cm was an estimate, we did 1m around the site but on neighbours side there was existing concrete i guess around 80-90 so we never went lower.

I should add there was a old broken wall about 1 metre wide which was next to the extension, the rest of the divide of propertys was fence. We removed this broken wall and left a space between our extensions with drainage to keep it clean for us both.

G_M

yuzi87 wrote: »

........
There will be no works i am doing that involve the Party wall.

If this is the case, then how can the neighbour obtain an injunction?


If the neighbour applies for one, you object on the grounds that no PWA is required.


I assume you are confidant that is the case?

markin

was a old broken wall about 1 metre wide which was next to the extension,

You needed a party wall for this, did you not? If the is no photos of it will you try to ignore it was ever there?

Doozergirl

You have photographic evidence of your foundations not being deeper than theirs. Send those to the solicitor as proof.

Are you sure it's a solicitor and not a party wall surveyor writing to you? Just seems a bit odd, but it's the neighbours choice .

yuzi87

Yes its a solicitor, apparently they are worried my works will impact their building. Even though all ground works are completed

AdrianC

yuzi87 wrote: »

I'll try to keep this as to the point as i can.

I bought a new property
I informed neighbour of my plans to extend
I apply for planning permission.
Neighbour asks me to go round to discuss my plans.
I go round all goes well i explain i will not put any steels on partywall but on brick piers.
I ask the neighbour if they could sign a letter stating they have seen my plans and are happy with everything so that i can give it to planning.
They sign the letter.
Planning passes no objections.
Neigbour has 4m single extension from before 2003 which i notice has no planning.
I dig my foundations next to this extension no deeper than neighbours existing foundations around 800cm.
I pour concrete, i build up to dpc level and get everything passedby building control.

None of this is relevant to whether a PWA is needed or not.

I now recieve solicitors letter from next door stating i need a pwa!
There will be no works i am doing that involve the Party wall.

Then you don't need a PWA.

The letter says if i dont respond or get a surveyor neighbour will get injunction on my building works......

But the work's already done... What's any injunction going to do?

yuzi87

I just checked my stack of pictures and i dont have one of the foundation on that side sigh however building control did see it.

The other thing is i poured foundations before christmas and now 4 months later they are saying about the party wall and threatening injunction.

The thing is even if the foundation works needed a pwa they are all completed 4 months ago. There are no further works that involve the party wall.

Im just wondering if i have a chance in court against injunction, i really cant afford another 1000 for a surveyor who cant survey anything because the work is done!

phill99

But I think the PWA may apply. The act applies to excavations within 3metres of a boundary. Your foundation excavations have unearthed your neighbours foundations, so are clearly within the 3m limit.


You may need to think this through again.

yuzi87

phill99 wrote: »

But I think the PWA may apply. The act applies to excavations within 3metres of a boundary. Your foundation excavations have unearthed your neighbours foundations, so are clearly within the 3m limit.


You may need to think this through again.

Yes but my foundations are not lower than theirs and also the works were completed 4 months ago. The pwa is not retrospective so im trying to work out where i stand and where i can use law to beat them