My Rear Extension will be Within 3 Metres of my Neighbour’s Brick Wall only. Do I Need to Serve Notice?

Question

I am building a rear ‘side return extension’ to my Victorian end of terrace property. The new wall and subsequently foundation of my extension will be within 3m of the corner of my neighbours property, however my new foundations will be bearing above the foundations of the neighbours house. I am assuming therefore that there is no requirement for me to serve a section 6 notice in respect of that particular part of their property.

However the extension wall will also run adjacent [approx 1m apart] from the masonry boundary wall separating our two gardens. I cannot find specific reference in the party wall act guidance notes in respect of excavating in close proximity of a party fence wall. The only reference I seem to find to party fence notices seems to refer to building up to or bearing on to the party fence wall.

Do I therefore need to treat the party fence wall as a ‘party wall’ and serve a section 6, or ‘3 meter notice’ relating specifically to the party fence? As it is reasonably fair to assume that the new foundations will be deeper than the foundation supporting the party fence wall.

Answer

The party fence wall will be classed as a structure under the Act so you should serve a Section 6 notice if you will be excavating within 3 meters of it and deeper than the base of its foundations.