Basement conversions, new foundations and other substantial excavations can raise serious Party Wall concerns.
If your neighbour is excavating close to your building, the Party Wall etc. Act 1996 may apply even though the work is taking place entirely on their land.
Why does excavation matter?
Excavation can affect the ground supporting an adjoining building.
The risk depends on factors such as:
- The depth of the proposed excavation.
- The distance from the neighbouring building.
- Existing foundations.
- Ground conditions.
- The construction methodology.
Section 6 of the Party Wall etc. Act 1996 contains provisions dealing with certain excavation and construction works close to neighbouring buildings.
Does the neighbour need your permission?
The Party Wall Act does not simply give a neighbour unrestricted permission to excavate underneath another property.
Where the statutory provisions apply, the appropriate Party Wall procedure should be followed.
The precise rights and requirements depend on the proposed works and circumstances.
What should an adjoining owner do?
If you receive notice of significant excavation, it is sensible to establish:
- Where the excavation will take place.
- How deep it will be.
- How close it will be to your building.
- What structural measures are proposed.
- Whether a Schedule of Condition will be undertaken.
For more complex projects, structural information and construction details may also be relevant.
What if you are worried about cracks?
A Schedule of Condition can provide a record of the property’s apparent condition before the works commence.
If damage is subsequently alleged, the pre-works record can assist with comparing the condition before and after the works.
However, a Schedule of Condition is not a guarantee that damage will not occur.
Can a Party Wall surveyor stop the excavation?
A Party Wall surveyor’s role is not simply to stop construction.
The purpose of the statutory process is to establish the rights and obligations of the parties and address matters falling within the Act.
Where appropriate, the Award can include requirements concerning the manner in which relevant works are undertaken and protections for adjoining property.
Stokemont’s advice
If your neighbour is proposing deep excavation close to your property, do not wait until the machinery arrives before considering the Party Wall implications.
Early review of the proposed works can help establish whether the Party Wall Act applies and what steps should be taken.
