Situation with neighbour and extension

Doozergirl

ognum wrote: »

I think you need to read up on the Party Wall Act. You almost certainly could be forced to have a PWA.

I have built an extension that had no party wall but still had the agreement to protect both parties.

You don't need to have a party wall for the PWA to apply, but it's quite clear where it does apply and the OP knows and says that it doesn't apply to them.

It doesn't stop the neighbours complaining though.

I have been in the same situation, in fact, the neighbour was more shouty than this one, and a letter from a PWS categorically stating that the act did not apply shut the neighbour up entirely. Neighbours can be wrong, even when they use solicitors to write letters to make them look right.

This thread is getting silly. The OP has told us the situation and if they are telling the truth, then the PWA does not apply. People with virtually zero experience of the PWA sticking their oar in and saying it does isn't helping the OP's anxiety over it.

My answer in post 2 was the right answer. Get a PWS to write to the neighbour. End of.

ognum

Doozergirl wrote: »

You don't need to have a party wall for the PWA to apply, but it's quite clear where it does apply and the OP knows and says that it doesn't apply to them.

It doesn't stop the neighbours complaining though.

I have been in the same situation, in fact, the neighbour was more shouty than this one, and a letter from a PWS categorically stating that the act did not apply shut the neighbour up entirely. Neighbours can be wrong, even when they use solicitors to write letters to make them look right.

This thread is getting silly. The OP has told us the situation and if they are telling the truth, then the PWA does not apply. People with virtually zero experience of the PWA sticking their oar in and saying it does isn't helping the OP's anxiety over it.

My answer in post 2 was the right answer. Get a PWS to write to the neighbour. End of.[/QUOTE

Doozergirl, I bow to your knowledge but my understanding is that the PWA applies if the foundations are within 3 metres of the neighbours property.

Are you saying this is incorrect or are you saying there are other extenuating circumstances?

I don’t believe that just because buildings inspectors have done an inspection that the PWA does not apply. Is this correct?

Doozergirl

Yes, I am saying that you are incorrect.

The PWA applies within 3 metres *only* where the footings are to be deeper than those of the building that falls within 3 metres.

ognum

Doozergirl wrote: »

Yes, I am saying that you are incorrect.

The PWA applies within 3 metres *only* where the footings are to be deeper than those of the building that falls within 3 metres.

Thank you, but what if there is no evidence of the footing depth?

AdrianC

ognum wrote: »

Thank you, but what if there is no evidence of the footing depth?

Then BC is going to be a much bigger issue for you.

Doozergirl

ognum wrote: »

Thank you, but what if there is no evidence of the footing depth?

There is always evidence of the footing depth. Dig a hole next to it.

zaqxsw

Doozergirl seems to have it right. Based on the information provided, the party wall act does not apply.
If the foundations are not going any deeper than the neighbour's (within 3 metres) then a notice for excavation is not needed. If the steels are sitting on a brick pier, similarly, a notice is not needed. There could be the need for a notice somewhere else potentially, but based purely on the OP's comments, the party wall act would seem not to apply.

If the neighbour seeks an injunction, it is usually given. I understand the Judge will err on the side of caution. I have been involved in an injunction myself and the circumstances were crazy - but the injunction was granted. Eventually the pursuer of the injunction wasted a considerable amount of money.

Just make sure you are right in your position!