Kitchen Extension’s Foundations Unlikely to be Below Neighbours – Do I Need to Serve Notice?

by The Party Wall Surveyor

Question

I would clarify my position in regard to whether I need to serve a notice on the adjoining owner. I have planning permission to build an extension to my kitchen. At the nearest point, my new wall will be one meter from the adjoining owner’s building. However, his ground level is 600mm below my ground level. The maximum depth required for my foundations, as required by the building inspector, is one metre. Therefore I will not be excavating below his foundations.

Do I need to serve notice on the owner of the adjoining property?

Answer

You only need to serve a Section 6 notice if you are excavating deeper than the base of your neighbour’s foundations. Although you mention the depth of your proposed foundations and the difference in levels you don’t mention the depth of your neighbour’s foundations – if they are also 1 metre deep then no notice is required. A Section 1 notice may be required if you are building up to the line of junction.