Neighbour digging next to our fence, no party wall agreement

[CrocoShriek]

Hello everyone, I am finding myself in a tricky situation and would greatly appreciate some advice and wisdom!
Apologies for the long post and brain dump and of I sound too dramatic...
My neighbour has hired builders to undertake rear side extension works. they gave no notice to me whatsoever ( planning permission dated 2019, before I moved to my house 1 year ago, I did not expect these works were happening).
The builders showed up last week and asked to take down our fence the day after to build a wall. I spoke to neighbour highlighting there is no valid party wall agreement (they had one with my house previous owners , now expired), and told her I don't want any works until party wall agreement is in place and definitely not while I am away on business trip this week. Neighbour agreed but it turns out builders have started digging anyway once I left.
Advice I'd be grateful to receive:
-how deep and how far from our boundary are they allowed to dig, legally, in absence of a party wall agreement ?
-are they not required to give a formal notice of some sort in advance?
-am I entitled to request the builders company registration number and insurance details? I do not trust these people and I think my neighbour is being ill advised by them
-am I entitled to request evidence of building control approval and/or design drawings detailing foundations?
-if I sign a party wall agreement, how do I know the wall will be built peoperly, I.e. by professionals/ registered/insured contractor
-slightly off topic but I think there is asbestos on her property which is just being removed and put on the skip on the road...how do I go about it?
-any other advice you feel like sparing!
For full disclosure and to avoid drip feeding:

• I have no objections to neighbour doing rear extension as long as it's done properly and legally, I don't want to jeopardise their application by raising issues with the council etc, if I can avoid

-neighbour say their planning application is valid as works had been started before we moved and then interrupted

Thanks in advance to anyone willing to read this far and reply!

Def sounds like it needs party wall agreement. You are entitled to your own party wall surveyor and I think they have to cover the costs. I’d also query with planning dept as most planning lapses after 4 years (I think, you’d need to check) but once foundations are dug they have as long as needed to complete. If they only started recently I suspect planning has lapsed. Not sure who you need to speak to to get it enforced though. Check whether you have legal cover on any insurance and speak to them for advice

Thank you! I'll try to contact house insurance tomorrow. Do you think I can ask the contractors company details?

Have you seen this ongoing thread?
www.mumsnet.com/talk/am_i_being_unreasonable/5165386-cf-neighbours-plans?page=1
Slightly different situation, but you might get some ideas there -
there's a couple of posts on p7 by @Trobealone about party walls which might be useful.
Also I hope @Marmaladelover doesn't mind being tagged here? Don't know if it's their area of expertise or not.

How far away from your house is the extension? No one is actually responsible if there is no PWA. You have to see a solicitor or advocate for yourself to get work stopped. There is no limit on what they can do if they won’t comply. The government has guidance for reasonable people but if they don’t comply you have legal action. Who would police no PWA? They might get a visit from a building inspector. You need legal advice on how to proceed.

Look at the planning documents. Around here they expire after 3 years, not 5. Was it actually started? They won’t need more pp if it was.

The way a PWA works is that they give you one and you don’t accept it. You appoint your own PWS and they pay. Your PWS does all the checking for you. So making good, build quality, fencing, foundations etc. You can view pp documents on line. Ask LA if building regs have been complied with. Your LA is your source of info.

The only thing I might be able to help you with is the validity of the planning or whether it has lapsed. I would check with the owner and the planning department what they consider is status . Again if you want to dm me the reference and or address I can take a look . Various things might constitute implementation . Can’t help you with the other stuff so I hope someone else can ,

Yes 3 years is the limit these days to start

The government party wall act booklet is really helpful in explaining what your neighbours are allowed and not allowed to do:

www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#para_22

In terms of digging it says your neighbour needs to serve a party wall notice if they 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."

Definitely get some legal advice and get the work stopped until a party wall agreement is in place.

Whilst PP generally lapses after 3 years, if work has been commenced during that period, the PP has been implemented and then there is no limit on how long the building works take.
There is a huge amount of case law on what constitutes the implementation of PP, but can include things like starting to dig foundations etc.

You only need to dig a small hole in the ground to start the process, after that as previous poster has stated you get as long as it takes to complete.

What the government fail to say is what to do with no PWA in place. What people should do, and what should happen if they do not do
it, isn’t clearly explained. As it’s law, the only way I know is to consult a solicitor and get an injunction. No one is there to enforce this.

Can’t the council force them to stop?
There’ll be a planning enforcement team who should be able to help.

I think this is a massive gap in planning law. The ‘rules’ rely on people believing the rules apply to them, but if a builder or neighbour thinks it’s not relevant or just ‘red tape’, it becomes so difficult.

our council wouldn’t enforce. We called them and they said they don’t get involved and it’s a civil case. @KerryBlues we were told the planning enforcement is only related to planning permission. Lots of extensions are done under permitted development.

We were told by the Party Wall Surveyors Institution that we have to get a solicitor involved immediately to get an injunction but we didn’t have time. They’d finished the excavation by the time we could have enlisted a solicitor.

Thank you all for your responses, I am still on business trip on another time zone so just managing to read through

@KerryBlues The planning permission is in place. So no planning department involvement. It is a civil matter. So it’s down to the aggrieved party to enforce stopping the work. It’s a big problem and many people cannot afford it.

PWAs are not just about excavations either. If there’s a fireplace removed, you need one if it’s on an adjoining wall. It can also cover finish of a wall facing outwards towards a neighbour, making good, replacement of a fence, working hours, noise etc. It’s about how you treat your neighbours. No oficial body is bothered. However detailed plans give finish to be used and building regs cover foundations and beams. Again though, the unscrupulous don’t always bother! You often see sellers worried about no building regs in place!

As far as I can see irrespective of the fact that the hole is now dug it doesnt mean that they can carry merrily on without a PWA agreement.

I suggest contacting some solicitors to see if you can get a hearing for an ex parte injunction (heard without the other party present) on Monday

I might tell them that’s the course of action in contemplating though!

@ingkir If you are building an extension, solely on your land, adjacent to your neighbours garden, that doesn’t go lower than their property’s original foundations then you don’t need a PWA?

@Definitelynotagladiator You DO if it’s within 3 m of the neighbouring building. If it’s more than 3m away (say an extension to a detached house with a larger garden) then no. In general the 3m rule is what matters. It’s often impossible to know what neighbouring foundations are like.

You only need a PWA agreement if within 3 metres of a neighbours buildings - fences don't count.

@TizerorFizz and @BigSilly Thank you.
Do they have to allow access to build?

@Definitelynotagladiator Absolutely not! Anything can be built from the inside outwards. Say no. If a PWA is needed, stipulate no access and hours of working, eg 8-5. You should allow access for maintenance but not building. Take photos to make sure there’s no encroachment at setting out or builders coming in. We stopped any idea of this when neighbours extended next to DM. They built from within their own land. Make sure they do not excavate under the boundary for foundations unless this is agreed.

Zombie