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Dispute with neighbours over fence removal

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Comments

  • MeteredOut
    MeteredOut Posts: 2,368 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 26 July 2023 at 11:18AM
    I've heard different responses as to whether a PWA is required when building up to a fence, if the extension otherwise would not require one (wrt, foundation depths etc) and is not building right up to the boundary; common agreement has been that it is not needed and you cannot force one on someone if they are just building up to a fence.

    So, I believe the issue here is the removal of the fence, so ownership of that is key. If it is owned by the OP, the neighbour cannot remove it. 

    However,  it sounds like the extension might also be closed to the OP's house, so the OP needs to understand where the neighbours extension foundations will be in relation to their house (within 3 meters?) and how deep their foundations go (eg, are they deeper than the OPs).

    Have a read of this thread too: https://forum.buildhub.org.uk/topic/16798-rear-extension-who-do-i-need-to-serve-party-wall-notice-to/

  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,385 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    Doesn’t the op already have a wall next to the fence hence the reason they put the panels back? If so, a PWA is required because they will be excavating within 3m.
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • MeteredOut
    MeteredOut Posts: 2,368 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Doesn’t the op already have a wall next to the fence hence the reason they put the panels back? If so, a PWA is required because they will be excavating within 3m.
    Possibly, but we don't know, hence needing photos/more info to really be able to help.
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