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Does my neighbour need a party wall agreement

28 replies

Hampshire77 · 17/03/2023 14:12

Wise people of mumsnet, I need your wealth of wisdom please.

I have just moved house and my new neighbour (not adjoining) has happily told me that he is having an extension built shortly.
(Long story short - various delays in the house purchase meant that solicitors and I missed the planning application, not happy but nothing can be done now so know I have to live with it)
This extension is an unwelcome surprise but with planning permission granted there is nothing I can do to object but I do want to make it clear to my neighbour that I'm not going to be a walkover about it.

The proposed extension will be a 2 storey build which comes out to be inches away from the boundary and my driveway. My driveway goes up the side of my house so their proposed extension will be 2.5metres away from my house wall so I've been told they will need to get a party wall agreement.

Reading up on it and yes I think they do need this agreement but I think my main question is - do I need to prompt them into getting this or do I wait for something to be dropped into my letter box or worst case, coming home from work one day to find workmen and builders on my driveway?

If the latter is the case, then can I demand work stops immediately? Do I need to instruct a solicitor?

Sorry I have so many scenarios running round in my head so wanted to run this past anyone who had experience first hand and can advise what I need to do next.

Thank you so much for reading

OP posts:

Africa2go · 20/03/2023 11:02

@Hampshire77 I think you're being given some poor advice on here.

The Guide says :

If you plan to:

  • excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations (see diagram 6); or
  • excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations (see diagram 7)

you must inform the Adjoining Owner or owners by serving a notice - see paragraphs 7 and 8.
You may want to base your notice on Example Letter 8.

See the bit in italics - certainly when we did our extension, we didn't know how deep the existing foundations were and therefore didn't know whether the PWA was applicable. As above, we served a notice anyway, but as it turned out, we didn't HAVE to.

If you approach your neighbours now saying the definitely need to serve one before you know for sure that they do, you risk looking silly / a trouble causer and ruining any type of relationship you may have, Just approach them constructively, say you'd like to understand what they're doing and if it transpires that the PWA does apply, you'd expect a notice etc etc.

ImAvingOops · 20/03/2023 15:09

My neighbours do like me (love might be a bit strong) because we all respect each other's boundaries. I don't do things that require my builders to be on their land and vice versa.
I don't think it's fair for anyone to expect their work to be facilitated by their neighbours or inconvenience them (barring necessary repair work).
I don't see how it can be right that one neighbour wants an extension and can legally force another neighbour to have scaffolding on their property or not he able to use their own driveway because said neighbour wants access to it.

I'm strictly in the do what you want so long as you don't affect anyone else camp.


rwalker · 20/03/2023 15:15

Your clearly pissed off about it why didn’t it come up in searches when you bought it

tbh you are coming across as u just want to be awkward

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