party wall help needed

[nailsathome]

I have posted in diy but thought I'd try here too

We are due to start our extension on 12th October. We had asked our architect about the PWA but he sent us a link to the website and, from what we could work out, it doesn't apply to us. He also said not to worry about it too much.

However, our adjoining neighbours have this evening requested a Party Wall Notice. I have been through the site again and I can't see how it applies.

We are building at 4 meters from the party wall but excavating foundations to 1m. I've done some trig calculations so they may well be crazy wrong but we would have to be excavating to around 4m to be past the 45deg angle stipulated by the PWA.

Is that right? If so, what do I do?

Have your neighbours said why they think that a Party Wall applies?
Although you are building 4m away from the PW, presumably the trench for the founds will be slightly closer to them (though I'd doubt more than 1m closer). Is there absolutely no other instance where your excavations get closer to them?

Do you have a surveyor working on the extension for you? If you wanted peace of mind I'd suggest getting them to recommend a PW surveyor who could do a quick analysis and write a letter explaining that there are not properties affected by the Party Wall act. It could be a couple of hundred pounds well spent.

Otherwise, if you are absolutely sure that it is all fine, you can just carry on and it is down to them to prove why it isn't all ok.

I would go round to theirs and chat it through. Explain you would happily do what they ask if needed but don't think it is, and talk through why you think this. You could also talk to pyramis and Thisbe the professional body for party wall stuff, who give some free advice.

You seem to be doing the right calculations to determine if the PWA applies. I agree that before you go to the expense of instructing a professional the neighbours need to explain to you why they think the act applies. I expect they've asked for a PWA notice in ignorance.

Your calcs are right, it doesn't apply. You're not building next to or close to the PW and the work you're doing falls outside the scope of the act.

Refer them to the website and talk them through it if necessary.

Thanks for your help and reassurance. I have spoken to a surveyor who agreed it doesn't apply and didn't charge me for the pleasure which was great.

Just got to explain it to the neighbours!