I Have Started Building a Single Storey Side Return Extension but did not Serve Notice

by The Party Wall Surveyor

Question

Our house and neighbour’s are separated by 2 drives.  We are building to about 635mm from boundary (a single storey side return extension ).  Our neighbour’s drive (if same size as ours) is approx 2285mm.  Therefore, we are within the 3m rule and should have issued a Section 6 Notice, but we didn’t realise we needed to.  I realise, since building has started, this is now redundant.  But can we do anything to remedy the situation now?  Or do we just wait to see if they ever say anything?

Our adjoining neighbour has an extension to the rear to the same projection as ours. Built in last 10-12 years, I think.  I assume our foundations will not be deeper than theirs so no Party Wall Award issues?  However, we may join the roof for cosmetic appearances/prevent build-up of leaves etc between the gaps.  The walls are not joined.  Can we issue a Party Wall Award now for this work?

Answer

There is noting that can be done under the Party Wall Act to remedy the situation. You will still be responsible for any damage caused by your works at common law. You may want to explain your error to them and assure them that you will make good any damage although excavation at that distance is low risk.

If you are not excavating deeper than the base of the other neighbour’s foundations you will not need to serve notice under Section 6 of the Act although you should consider the foundations to the original part of their property. If you are building up to the boundary line you will need to serve a Line of Junction Notice.

The connection between the roofs will not be covered under the Act so you will need to reach agreement with your neighbour on that point.