My Extension will stop short of the Line of Junction and the Foundations will not be Deeper then my Neighbours’. Does the Party Wall Act not apply?

by The Party Wall Surveyor

Question

I have a planning application now approved for building a single story extension to the back of my house.  The extension is 3.3 metres deep and runs across whole width of my house at the back but stops around 10 cm from the line of junction.  Does it mean that this does not fall under Party Wall etc. Act now because I am not building up to the line of junction?

The second question I have is that as part of construction, we need to put a beam in our current back wall which will be supported on pad stones/pillars on our land.  One of the pad stones according to plans approved is sitting about 1 cm into the party wall.  To avoid any work on the party wall, I intend to keep the pad stone touching the party wall but not getting inserted into the party wall.  Will that be sufficient to avoid party wall notices etc?

I have checked about excavation and it does not fall within Party Wall Act as it is only 1m deep and is not deeper than the current foundations of the neighbours property, though obviously within 3 metres of the foundations.

Answer

If the new walls are 10cms on your side of the line of junction then a Section 1 notice is not required. So long as your pad foundation does not go under the party wall that will not be notifiable either. Finally, if you are not excavating deeper than the base of your neighbours’ foundations no notice is required for that part of the works – hopefully you are confident on the depth of the existing foundations.