Do i need a party wall agreement for following situation?

deol

I am adding a rear extension to my bungalow.

My neighbours house wall is 2.8 meters from my side wall. Between our homes there is fence i.e.1.4 meters from each house's walls. My neighbour has a 2 meter deep covered patio aligned with my rear wall as my house is bit deep from them. I plan to build a single-story rear extension, staying 1.4 meters away from the fence line. Please refer to the drawing for exact dimensions and layout.

Do i need to serve a party wall notice for this extension work?

grumbler

Agreement isn't needed.

You need to serve a notice if you dig deeper than their foundation within, IIRC, 3m of their house. In your case it's 3.44m.

Doozergirl

grumbler said:

Agreement isn't needed.

You need to serve a notice if you dig deeper than their foundation within, IIRC, 3m of their house. In your case it's 3.44m.

Exactly this

GR54

You wouldn't need to serve Notice even if you were within 3m of your neighbour. When the Party Wall Act was written in 1996 it was thought that common law rights were extinguished by the Act.  But since 2018 nine judges (including seven Law Lords) have determined that common law rights continue if no Notice is served.  This wasn't envisaged by the authors of the Act.

By the way: 'agreements' are not mentioned in the Act.  Party wall Agreements are required in America, where many state laws require the neighbours to agree the work.  In England we have 'awards', where surveyors write an award that confirms the 'building owner' can carry out the proposed work.  Agreement with neighbour is only required if the Party Wall Act, and common law rights, are not adequate.

victor2

grumbler said:

Agreement isn't needed.

You need to serve a notice if you dig deeper than their foundation within, IIRC, 3m of their house. In your case it's 3.44m.

Had to brush up on my Pythagorus knowledge to see where 3.44m came from. Woke a few dormant brain cells up. Thanks!