|
|
Party Wall Act.
The Party Wall Act requires you to give your neighbours 2 months notice before you endanger their property.
During those 2 months they can insist on an agreement so your work close to their boundary cannot commence until you have that agreement.
If you don't follow the procedure they can get a court injunction to make you stop. Your work to date might deteriorate and become unsafe, costing you money. If you ignore a court injunction you can go to prison.
Both parties instruct a Party Wall Surveyor but you must pay both fees.
Their surveyor recommends to them they take ten thousand photos recording every inch of the existing condition of their property. You pay for this.
Their surveyor will want your soil investigation report, architectural and structural drawings, calculations, method statement and risk assessment and so on. Their surveyor will take a long time to go through every line and detail. You pay for that time.
The two surveyors will try to reach an agreement. But perhaps their surveyor is completely unreasonable and a year passes by then two.
You can instruct a third surveyor to adjudicate. Whichever side loses pays the third surveyor's fees and if you win you might not have to pay your neighbour's fees and you might get an agreement with the adjudicator that will allow you to commence.
|
|
|
Do you have to give notice under the Party Wall Act?
For basements the two rules that usually apply are
-
Excavating within 3m of their structure and deeper than their foundations.
-
Excavating within 6m of their structure and cutting through a line 45° down from the bottom of their foundations.
People get caught out measuring on their drawing and deciding their new basement will be just a bit further than 3m from their neighbour's property.
BUT THE WORD IN THE ACT IS EXCAVATE.
-
In most cases I will want the excavation 600mm oversize all round for working room and safely sloping sides. Your new basement might be 4m away but your excavation, at their foundation depth, could be 2.5m away and the Act applies.
-
Cutting a line 45° down is most commonly due to piles.
All advice that might appear to be legal advice on this web site is written from my memory so that it has simplicity. But it could be wrong. I seek to point things out that you might not be aware of, that is all. I do not give legal advice, I point legal obligations out 'as far as I know and recall'. Always check authoritative sources.
Party Wall Act Government booklet.
Note there is a print button or you can read it on your screen.
In my experience, it would seem that most agreements include a strong line of piles between the properties. But I don't have any involvement in party wall agreements. My client is in overall charge and responsible.
Back to the Basement Building Questions Answered menu.
|
Back to the Basement Building Construction Manual menu.
|
For a fixed fee of £199 I will answer all your questions by email. More details here.
|
|
|
|
