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?

Yes this - they could seriously damage your house stability and you need to (a) make sure you are safe and (b) protect the value of your house. These people won’t respect you for being “nice” so don’t hesitate and report them now.

Your house could be at risk of collapsing, killing you and your family, and so I don't understand why you're being so passive. Call building control immediately!

I was going to suggest this. If that makes it easier then just say the insurance company told you to

Ok I don’t know the rules and regulations but IMO it seems a gamble for a reputable builder to start work on a project without the correct documentation. If they were stopped working that’s a lot of money to be argued over who owes what etc

I'd also be concerned about the actual builders starting work without planning permission in place if its needed. That could impact their liability insurance cover

We are in a similar situation. My neighbours have pp for their extension but there is no party wall agreement in place and the have dug foundation on my property. I have contacted both planning and building regs at the council and have also engaged a solicitor to send them a fierce letter. It is very stressful and I wish you luck.

I have the same semi detached duo with shallow foundations setup and they are literally digging a hole into which your house will fall. Think of it like sandcastles on a beach!

The builders have not been working today after I asked them to stop but they have been hanging around and peeing on the garden fence where I can see them from my kitchen window, so they may not be all that reputable.

I’ve got a surveyor on the case now and have reported them for the lack of planning permission to the council. We are no longer worried about being nice anymore.

Foundations are more than 3 times deeper than our house foundations
Did they have a surveyor tell them how deep to build the foundations?
Our house is 100yrs old and has been sitting on only 30cm of foundations all that time with no subsidence/cracks etc. When we built a small extension (with planning etc) we had to have 2.5m deep foundations built!

Of course they will know you spoke to the council, but if asked, I'd just say you rang the council when you didn't get anything through re planning and couldn't see the project on the councils building portal.

It’s not the builders you need to be speaking to. Have you contacted planning and building control yet? This is urgent and you need to protect your interests immediately.

It looks like their ‘surveyor’ and builder are one and the same. I don’t think any proper safety checks or precautions have been taken, which tallies with the lack of party wall notice and planning permission.

Whatever you do, don't listen to your neighbours and their builders/surveyor. You know what they're doing is wrong and illegal and they are certainly not being good neighbours to you. Get straight onto the planning department and building control without delay.

Objecting to a planning application and employing a Party Wall Surveyor within the law is not a dispute. It's just due process.

No reputable builder will start a job without planning permission.
All building work must be assessed and sign off by Building Control.
Do not take on trust anything from your neighbour or their builders. Get EVERYTHING in writing.
Contact your insurers now, let them know of the situation. If you have legal cover on your policy, use it.

IMO a Party Wall Award protects your neighbour as it documents the condition of your house before they start work, so any pre-existing defects are not their responsibility.
I bet you can't believe how many cracks have appeared since they started excavating.

This. With bells on!!!

Your neighbours should have notified you well in advance and paid for the party wall agreement, done by a surveyor of your choosing. A reputable builder would have asked to view the party wall agreement and the planning permission before starting work. They would have provided their insurance policy and your neighbours would have given you copies of all 3 documents.
So this whole scenario is extremely suspect.

A party wall is a shared wall, why are they building 5cm away from it? Surely the extension should be attached to the wall?

Good because doing nothing was never an option. Your home insurance would be invalid as you would be deemed to have failed to declare something that could give rise to a claim on your policy. On top of that, you'd struggle to sell your house in the future as once it became clear during conveyancing that there was no party wall agreement, planning or building regs for that extension, any sane buyer would just walk away leaving you with a nightmare to sort out.

Have a look into right to light and consider whether the proposed extension infringes on yours.

I think they were hoping to avoid needing a party wall agreement but as it turns out, digging foundations next to a party wall also requires that agreement. I think they also hoped that would allow them to slip by without us noticing they were building something large enough to require planning permission.

Report asap to the council. Whilst you wait their follow up, take many many photos of your property inside and out. A party wall agreement would have noted any cracks and issues and you need to have a record of the current state of your property. Of course this doesn’t replace a formal party wall agreement but protect yourself whichever way you can until things are formalised.

Your home insurance may include legal cover and I would consult them. Your neighbours would never have started this if they intended to follow rules and best practise. Protect yourself and your property in every way you can.

I think you having to declare a neighbour dispute because you insisted they stop work and protect the property you are selling will be looked at very differently by any purchaser, than say some of the other petty disputes that you could be involved with.

Glad you are protecting your asset. The issues it creates are on them, not on you.