To ask neighbour to pause building work and sort out planning permission and party wall agreement before continuing?

[123MyName321]

Semi detached neighbour has just started digging foundations for an extension. Foundations are more than 3 times deeper than our house foundations and within 5cm of our party wall. No party wall notice was served. After speaking to the builders, it also transpires that the extension is large enough to require planning permission, which the neighbours do not have.

We aren't opposed to the neighbours improving their home, but we want to make sure things are done safely and legally.

We would like a surveyor to check that the plans are structurally sound given our house's very shallow (less than 30cm) foundations and we would like to know what the plans are for their extension, as it might end up substantially overlooking our garden.

We would also like them to apply for the required planning permission before continuing their build as I understand an unpermitted structure next door can affect our ability to sell our house.

Are we being unreasonable?

Of course not. You need to notify the planning department today. They are usually pretty speedy about stepping in in situations like this.

Not at all! Report to your councils building control as well - if they’ve been this shoddy on getting planning and a party wall agreement then it’s highly likely they’re not following building regulations in other ways.

They should stop immediately.
Call both building control and the planning department today.

No party wall agreement? That’s really bad - get on the case immediately.

A house down the road was doing similar building work without planning, they've taken the house back to the walls only plus started extending. Someone (not me!) informed the council who came round and stopped the builders on the spot. There is now a very hasty planing application notice on their fence and a shell of a house.

We are worried about starting a fight with our neighbours but more worried about our house falling down. I’ve asked them to stop until we can sort out a party wall agreement. We’ll ask for a chartered surveyor as part of that (they want to use a ‘surveyor’ who is unlicensed and works for the builders). I assume that agreement will include their building plans which will we can use as a springboard to ask them to get planning permission. Asking them about planning permission once they finally show us their plans feels less aggressive than reporting them to the council, but perhaps I’m being naive.

Yes you are being naive. Inform the planning department immediately.

I wouldn’t be asking them, l would be telling them. They are being very out of order

These sound like the sort of people who if you give them an inch they'll take a mile. Planning permission is not a "nice to have" it's a legal requirement to ensure that building work is done properly. Please don't let this proceed as you'll find it far more difficult to put right afterwards.

They are massively out of order and taking the piss. If your house falls down these jokers will hardly rebuild it for you.

We are worried about starting a fight with our neighbours but more worried about our house falling down

This is why you contact planning immediately.

This. You are being naive @123MyName321 you can't do this in a "nice" way, their actions will cost you tens of thousands of pounds. They need to be stopped with the full force of the planning and building regs departments.

If you wait until you have their plans to mention planning permission, you are actually going to delay them more. So the gentle approach will be more annoying for them.

This. Drop everything and call the Planning dept now.

Yeah, planning dept. I'd worry less about upsetting your neighbours and more about protecting your property. They clearly didn't care about you anyway!

This is a horrible situation and one I've been in. You need to inform planning today.

You can have a free call with a party wall surveyor. Look on the RICS website for a list and do it today.Party Wall is a very complex area and in fact once they've started the work you can't force them to get an agreement unless you get an injunction. I would think the lack of planning would have an impact on this though.

There is also a very useful website Garden Law which has a forum populated by retired surveyors and lawyers.

Our neighbour did this to us and did damage to our property. The only way to get compensated is to go to court and hope to be awarded costs. There is a book, The Party Wall Handbook which is very useful.

Your insurance will take a dim view of helping you fix any damage if you have not followed the correct process when you became aware of this - contact planning dept at your local council right now, like, don’t even get a cuppa first.

If your house falls down, and you've not notified the planning department and taken all reasonable steps to make them stop work, you're at risk of your insurance claim being denied.

You are being very naive!

You are being naive.

Stand your ground. It isn’t ‘confrontation’ or starting a row to say ‘please don’t take this personally, we would just like everything to be done properly and efficiently for both our sakes in the future’

In fact you have the right to employ the party wall surveyor that they are obliged to pay for.

Seriously , get on to planning and building control today.

This too. Check your home insurance policy for whether you have legal cover. If you do then your insurers will deal with the court case that will bd required to make your homd structurally sound again, but not if you delay informing the authorities as soon as this started. Do not wait till you've seen the plans, you already know they are putting your home at risk.

Adding to the general consensus here OP - you’re being massively naive here!

I think you can make an anonymous tip off to building control - at least when I called our council for this it seemed to be possible. BC should visit at various points, including to check foundations are sufficient - once they’ve started building upwards this is no longer possible.

Yes, you certainly should be insisting on your own party wall surveyor so best get on with finding one to represent you. The cost for this will be covered by your neighbours and they’re supposed to do a schedule of condition on your property before works start on neighbours property. How else are you going to prove the damage to your property has been caused by their building works?!

Come on, OP

Your neighbours have not given a toss about potentially ‘starting a fight’ with you, starting a project which had no permissions and is a massive threat to your house, but you are trying to pussyfoot around their feelings.

This is important. Sort it now.

Don’t fuck around with anonymous ‘tip offs’

Call Planning and Building Control
and be emphatic about your neighbours digging massive foundations right now.

You need the authorities to be accountable here and take action.

We are the only neighbour that can see the work so reporting to the council for lack of planning permission would not be anonymous, but I think we will still do it. As you have all said, we need to for our own building insurance and to keep our house standing. I’m waiting for a callback from a chartered surveyor.

The builders have stopped work though they’re still hanging around.

I know that neighbour disputes also come up when trying to sell a house but I think we’ve moved past the point of avoiding that.