Party Wall notices when there is no "party wall"??

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    Party Wall notices when there is no "party wall"??

    I live in the wife's house (hence.... ..."lodger"....). She is now about 1-2 months away from starting an extension, small bit at front, demolish adjoining/attached garage & build 2-story side replacement. Possibly deeper foundations at side - test holes to be dug. We have planning permission & are in receipt of a couple of interesting estimates from builders,

    The house is detached: Gap between garage and next door's wall is some 5ft. There is no shared wall - as there would be between, say, two adjoining terrace houses. We expect shortly to get permission to have scaffolding into their garden (they had our permission v v a couple of years ago..).

    Do we need to serve party wall notices?? The guy who did the planning drawings & submitted them included a draft. This is an area I know s*d all about so I'm really (even more ..) ignorant than usual on such matters, so apologies if this is a daft question.

    Best wishes & thanks in advance.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    #2
    I thought you were in Scotland?

    The intention of the Party Wall etc Act 1996 is to safe guard property both shared and adjoining.

    It sounds like a '3M Notice' is required for the excavations for your new footings. If deeper footings are required then you may need to underpin the neighbours property. Do you have a Structural Engineer?
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

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      #3
      Thanks mk1.

      I have property I rent in Scotland, live there from time2time but my permanent address is at wife's house in leafy Berkshire.

      Will investigate: We get on very well with both neighbours but will do some more digging (metaphorically...)
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        I would look at the government guide as it is a good overall place to start to help understand when the legislation applies. You may need either 3 metre or 6 metre notices, if the new wall was to up to but not crossing the boundary then you would looking at a line of junction notice. https://www.gov.uk/government/upload...ry_Booklet.pdf

        If it looks complicated, and/or if you believe your neighbour will be less than neighbourly, then I would recommend employing a good party wall surveyor to ensure you get it right and avoid your neighbour going to court and getting an injunction against you. You can find details via the Pyramus and Thisbe club http://www.partywalls.org.uk/. For the sake of openness then I should make clear that i am one of the few solicitor members of the club, but note i do not make any money etc by referring you to the club. It is simply an organisation that tries to ensure its members have sufficient experience and expertise in party walls.
        Anything I say here should not be taken as legal advice. I am an experienced litigation lawyer with over 15 years experience.

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          #5
          The Party Wall etc Act 1996 probably has the most misleading name of any Act. There is more "etc" about it than "party wall".

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