Party Wall Act - Advice needed!

[Vic_S]

I have a Victorian end-of-terrace, with a single story extension to the rear (that was built in the 1980’s). Planning approval & Building Regs approval have now been obtained for it to be slightly further extended; infilling a small area approx. 1.4m x 3m in order to “square it off” & put on a new roof. So I need to excavate a 1.4m section in lenght (1m deep) immediatley adjacent to the flank* wall of my neighbour’s single story extension.

• we think his flank wall may be an original Victorian wall (with shallow footings), as the houses were built with a small kitchen/toilet & coal bunker in a long narrow extension. This wall extends a further ~.5m beyond our new extension.

I have been discussing a Section 6 notice with my neighbour as it is almost certain we will be excavating deeper than his footings. But he has some concerns over the risk of damage to his wall. I have suggested he gives his consent conditional on a “Schedule of Condition” being prepared and we would compensate or repair any damage caused. He is still unsure and has suggested we dig a trial hole to see exactly how deep his footings are.

On the assumption we discover his footings are indeed shallow, I am not sure on where we go from there: He will still have concerns (maybe even more so!).

If I issue the Notice and he does not consent, I am stuck with going down the “dispute” route, which will cost me £’000s / presumably giving me the right to continue / but it won’t change the risk (minor hopefully) of his wall cracking. i.e. he ends up in the same position as if he had given the consent…the only difference being I have spent £’000’s on the dispute, rather than a few £100 on a Schedule of Condition.

Has anyone been in this situation / any suggestions for an amicable solution?

[Vic_S]

Thanks guys.

I'll dig the hole and discuss findings with my structural engineer.

[Vic_S]

All great advice & good to know there are possible solutions- thank you!

I will report back when I know what lies beneath

[Vic_S]

This is what I found...there is about 60cm to the bottom of their footings, marked by the 2 x screws I pushed in


And the whole view...the spade shows how far out we are going.




It looks as though my neighbours do have some decent footings after all. Will get my structural engineer to give his opinion, but they now seen happy to give their consent.

[Vic_S]

elanfan said:

Contract Works 21(2)1 cover via a broker with Aviva will be very cheap and cover your liabilities to the neighbours property.

That's great info thanks

Neighbour has now signed the consent, subject to a schedule of condition, which has just been done; and I will definitely take out the above insurance cover.

Cheers all!!