I am planning to build a Side Extension to My Property and there is a Wall between Me and My Neighbour. What Notice do I Serve?

Question

I am planning to make a side infill extension (pitched roof) to my terraced property. There is a brick wall between the neighbouring property and mine, serving as the boundary wall between us. Obviously for my new extension I will have to break that wall and make a new wall which will be a part of my extension/new room. I know that I need to serve a party wall notice to my neighbours but after going through the official documents relating to party wall notices I am not sure which notice I need to serve.

Will it be for making a new wall astride the boundary or just next to the boundary within my site, or will it be for excavations as there will be some excavation happening to put in the trench foundation? How do I know that my foundation will be deeper than theirs? You said somewhere in your post that it’s guess work but how do I guess if I do not have a clue about the depth of foundations for such houses. They were built in 1880 I think.

Answer

If the boundary wall is shared it is what the Act refers to as a Party fence Wall. You have the right to demolish a party fence wall and rebuild it as a party wall forming the side of your proposed extension. You should serve a party structure notice referring to section 2(2)(l) of the Act.  The foundations to a property built in 1880 will probably be just some corbelled bricks so the foundations to your new wall will be deeper. You will therefore have to serve a second notice, a Notice of Adjacent Excavation, referring to section 6(1) of the Act.

This online tool may be some help with drafting the notice – http://www.mypropertyguide.co.uk/partywall/notice/generator