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Party Wall Issue With Neighbours Starting Extension Without Agreement

Postby Covgirl37 » Wed May 22, 2019 5:05 pm

I am building a single storey extension under permitted development. I’m semi detached so require party wall agreement with my neighbour.
They have so far been reluctant to respond but I got home today to find that they had started groundwork for an extension!

As they have already started without gaining agreement from me, can I now proceed without the agreement myself.

I was hoping the fact they they have done this negates any requirement for a party wall agreement?

Any help would be appreciated.
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Postby Hugh Schkok » Thu May 23, 2019 9:14 pm

What do you mean in Party Wall Agreement? Have they gained planning permission from the BC dept or is this an idea someone has bandied around?
Go and talk to your BC and ask them if indeed they have permission to build and if so will they allow your plans equal passage. However if you piss the neighbours off then they may deny you the permission to attach to their (newly) erected extension, that is of course if you need to..
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Postby richardanthonyj » Fri Jul 05, 2019 9:14 am

Yes, they should have notified you and given you an appropriate amount fo time to respond. What depth are they setting their foundations at? Are they going lower than your foundations within 3 meters of your structure? Appoint a party wall surveyor, which I assume you already have in place, given that you've issued a party wall notice for yours.

Nope, you most definately cannot start works and must, given that they never responded, assume that you are in dispute with them. Moreover, now that they've started, any works you do will be seen to undermine their new foundations, leaving you at risk of being seen as the "bad guy" - for want of a better word. It sounds to me like this will be a legal matter, with your neighbours being in breach of the Party Wall Act on at least 1 count. Just in case you've not had a look, ... 6-guidance
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