Can neighbour object to permitted development extension?

[SenoraSurf]

We own a semi detached house and want to build an extension on the back, under permitted development. We have submitted building regs already.

Our neighbour in adjoining semi has written a snotty letter asking what we're doing (and strongly advising us to inform her), after she has noticed my husband doing some digging in our garden to check out ground type. She insists this 'excavation' could undermine her property's foundations- even though the area my husband dug is only 50cm deep and 3m away from the rear of our houses. Once we get the go ahead from building control, we would do the digging for the footings.

We have had issues with this neighbour before. History: The boundary between our homes belongs to us yet when we tried to repair the boundary, after speaking to her and explained our plans when we moved in, she went absolutely mad and said the boundary was hers... it's wonky as hell and zig zags massively over her land and ours but to save hassle, we just covered it over on our side.

Can this neighbour object/do anything about our proposed rear extension? We plan to build up to but not on the boundary (the fence will stay there). That obviously means the footings will be dug parallel to the boundary.

Advice and experiences welcomed.

If it's within permitted development then they can't object but the party wall act might be an issue if you are digging within a certain distance of their house/ foundations

Have you checked if you'll need a party wall agreement before starting?

I have scoured all sorts of pages and can't get my head around the party wall agreement. The wall of the proposed extension closest her house would be right next to the boundary (which is ours on the deeds but obviously we had that pollava a few years ago that I mentioned in the OP)

Based on my diagram- will we need a party wall agreement? She is absolutely going to say no to everything we want to do so where we stand? What can we do?

I don't think you could go right up to the boundary without permission perhaps?

If you are digging within 3m of their foundations/wall you need a Party Wall Agreement https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/523010/PartyyWalletcActt1996--ExplanatoryBooklet.pdf . Have you confirmed it would be Permitted Development?

@SenoraSurf

I have scoured all sorts of pages and can't get my head around the party wall agreement. The wall of the proposed extension closest her house would be right next to the boundary (which is ours on the deeds but obviously we had that pollava a few years ago that I mentioned in the OP)

Based on my diagram- will we need a party wall agreement? She is absolutely going to say no to everything we want to do so where we stand? What can we do?

Can't see any diagram? But I think anything right up to the boundary would need a party wall agreement, yes.

She can be obstructive about it and make you jump through hoops, but ultimately she can't stop you just on the basis that she doesn't like it - she'd need an actual reason, and one that you couldn't resolve (e.g. by making her foundations safe, if they truly were under threat)

My rubbish diagram is here

I also read these. If we dug an excavation hole on the far side of our house (more than 3m from hers) to identify the depth of our house foundations, if they are more than we have to do for our extension (between 0.75m and 1m), would we be able to avoid the party wall agreement altogether?

Yes you will need a party wall agreement, and if they are likely to object I would probably scope out a surveyor in preparation. From memory they have the choice to go with your surveyor or appoint their own. Don’t do anything without a party wall agreement in place because she could really make life difficult then.

Unless it’s a modern house you’re likely to be going below the original foundation depth.

www.gov.uk/party-walls-building-works

This is all so frustrating. Would it be the same issues with a conservatory? We're stuck in a house that is too small for our family and there doesn't seem to be any way of making it bigger
Without her causing problems. We have a large amount of land too which makes it even more depressing

It depends how big the extension is. If you're a semi you can build out 6m for a single storey, but if it's over 3m then you have to notify the neighbours, and they can object.

Also, even if the boundary is marked as yours to maintain on the deeds it may well be that she paid for the current fence at some point for some reason, in which case it would make sense that she was saying it's her fence.

Just go ahead with getting a party wall agreement, she cannot block you for no reason.

If you have plenty of land would a garden room / annex be an option?

You need a party wall surveyor can't stop you doing the extension. A party wall award will stop neighbour trying to claim you have damaged their property so to protect you as much as them. They can make it duff but not stop you.

We have planning permission for a large extension. We are in the process of setting up a party wall agreement with our neighbour as we will be building within 3 metres of their property. Our extension will stop a metre away from the boundary between our properties and won't effect their property at all.
We have paid a building company to advise us through the process.
I would seek advice and look at a party wall agreement especially if you are building right up to the boundary. Good luck.

@WeeDangerousSpike

It depends how big the extension is. If you're a semi you can build out 6m for a single storey, but if it's over 3m then you have to notify the neighbours, and they can object.

It's 3m but would involve foundations within 3m of her house, so needs to have foundations which are more shallow than our houses, which building control won't accept

@WeeDangerousSpike

Also, even if the boundary is marked as yours to maintain on the deeds it may well be that she paid for the current fence at some point for some reason, in which case it would make sense that she was saying it's her fence.

This is what she states but she has no proof of it and we were advised by the seller when we bought that it was our boundary

@Veterinari

Just go ahead with getting a party wall agreement, she cannot block you for no reason.

What are the costs involved though? I've read online it could cost up to £5k if she blocks us

@SnowmanDrinkingSnowballs

If you have plenty of land would a garden room / annex be an option?

Unfortunately not. Our boy is disabled so we need the space for him within the house

Hi there, I am in a semi and just started an extension under PD. Our draftsman is also a party wall surveyor so we talked in depth about party wall agreement.

In short, if your foundation is within three metres of boundary and deeper than your neighbours, you need a party wall agreement. Most people get a party wall agreement in semis based on ‘within 3 metres’ because you won’t know how deep it needs to be until you start digging so a party wall agreement is a catch it all. You may not need it in the end but need it upto a month (I think or 3 weeks) before you start work. So if you find out when digging foundation you need a PWA you may have delays.

You can dig a trial hole to check foundation if your builder agrees to do it. You can also serve party wall to your neighbours yourself and save the surveyor fees.

But your neighbour sounds like a right piece of work so I don’t think it will be straightforward, best consult a good party wall surveyor. Best of luck.

Not an expert, but if within PD no she cannot object. As others have said you need a party wall agreement though. This is simply to ensure that the boundary to her property has not been affected by the build. Once built if she's not happy she can ask that you repair any damage to her property. Yours and her surveyors would make the decision as to whether that had happened though - not her. Though she has the right to choose the surveyor and you have to pay for it. The party wall agreement can't stop the building though, and they're not expensive to get drawn up.

I don't understand the relevance of foundation depth - they'll be a metre deep or whatever building control agrees. Regardless you're building within 3m of the shared boundary hence the need for party wall agreement. But she can't object as within PD.

@SenoraSurf where are you based?

Our quote was £300 to serve notice upto £700 if there is a dispute to gain a party wall award. But your neighbour can appoint her own (expensive) surveyor at your cost