Party Wall Act

Discussion in 'Builders' Talk' started by ajohn, May 14, 2019.

  1. ajohn

    ajohn Well-Known Member

    I have been into this before but there is way way more people into it now and I have to wonder if I need to fork out money when in real terms I don't.

    Previously talks with consultants indicated that providing I didn't dig to or below foundation levels there was no problem. Slab foundation so no where near that depth.

    Also told that I could "build" on to the party wall providing I used joints that allowed relative movement. The build is a toss up between a conservatory or permitted extension. Didn't matter. There could well be glass area problems to make it a conservatory and would prefer a garden room type approach anyway due to roofing. I can get more light in other ways

    These people obviously wanted to draw up plans so no come back on them if I found that a neighbour could stop me from doing it. On the other hand it may be as straight forwards as they indicated.

    I do have the option of doing the work 6" from the boundary line and not involving the party wall at all. House is a semi. So all remains is digging. Well we have some crazy paving there that needs replacing = digging, not much difference really to the depth of a slab.

    :) A bit of background may help. A few years ago I talked to a builder about doing the work and was prepared to go ahead. The neighbour has an old wooden construction added on. The side next to me is rotting away and has roof problems. The best solution for both of use looked to be extending the party wall using the same style of jointing and I would pay to have there thing joined to it etc. I don't want to go any further out than they have. She said she would think about it. Had a builder waiting so asked a couple of times. More or less told to get lost. Reason seems to be a lamp post that was obstructing our access. She works for the council and via friends was preventing it from being moved. I found out and lo it was moved after I wrote to their complaints people. So I don't expect an easy ride if I need to go through the party wall procedures. She still wont talk to me but is now retired.

    John
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  2. stevie22

    stevie22 Active Member

    Any foundation within 3m of neighbour's property needs Party Wall
     
    CGN likes this.
  3. ajohn

    ajohn Well-Known Member

    It needs clarification of these comments.

    Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations (see paragraphs 28to 30).

    Also this one

    New building at or astride the boundary line between properties (see paragraphs 22to 26)

    28
    What does the Act say if I want to excavate near neighbouring buildings?If you plan to: excavate,or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner's building or structure, where any part of that work will go deeper than the neighbour's foundations (see diagram 6); or excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner's building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour's foundations (see diagram 7) you must inform the Adjoining Owner or owners by serving a notice -see paragraphs 7 and 8

    And 22
    What does the Act say if I want to build up against or astride the boundary line?If you plan to build a party wall or party fence wall astride the boundary line, you must inform theAdjoining Owner by serving a notice -see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the boundary without your neighbour's consent in writing –see paragraph 24.You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
    The Act contains no enforcement procedures for failure to serve a notice.However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

    The other paragraphs mentioned are just about serving notice. That's a rats nest going on other sections. Doesn't seem to cover the receiver just ignoring it and surveyors etc if a dispute. Also an award which does not mean what some may think, just a set of agreed conditions not money. One surveyor can do that for both parties or the receiver can hire their own.

    From
    https://assets.publishing.service.g..._Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

    So it seems that a "building" not actually on the boundary line is exempt providing it meets the depth of existing foundations and 45 degree rule requirements, In this instance the boundary line is easily determined to a mm if needed. So maybe the surveyors I spoke to some time ago may be correct. I can just do it and would I assume have drawn up plans that met these conditions.

    John
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