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F E Smith
F E Smith, Advocate
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Party Wall etc. Act 1996. I'm about to build an extension

Resolved Question:

Party Wall etc. Act 1996.
I'm about to build an extension which is close to the boundary with my neighbour.
His house is more than 3 metres away from the excavations/boundary which will form the foundations of my extension. The foundations will be around the same depth as the house foundations.
With regards ***** ***** my understanding is the Party Wall etc Act 1996 does not apply (Against Section 6), is my understanding correct?
However between house and the boundary he has an old asbestos garage sitting on a concrete slab.
My excavations will be within 3 metres of this garage and lower than the slab, I'm not sure if the Party Wall Agreement Applies in these circumstances.
Can anyone help?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

You may well have seen this booklet and the words on page 19 and the drawings on pages 20 and 21 refer.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

however if you look in the actual statutory provision here, clause 6 (1) (A)

http://www.legislation.gov.uk/ukpga/1996/40/section/6

you will see that it refers, on the second line to any part of building or structure of an adjoining owner. The garage is a structure and hence you will have to give notice.

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FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8966
Experience: I have been practising for 30 years.
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