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Legal & Reg
Party Walls (Notices (Adjacent Excavation (S6)
BO has a…
Legal & Reg
Party Walls
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Duties under
The Act
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The BO must provide temporary protection for adjacent buildings and property where necessary. The BO is responsible for making good any damage caused by the works/ must make payment in lieu of making good if the AO requests it.
Works covered
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Excavation near to and below the foundation level of neighboring buildings (S6)
Types
Type A - "party wall" if it stands astride the boundary of land belonging to two / :arrow_up: owners.
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Type B - "party wall" if it stands wholly on one owner's land but is used by two / :arrow_up: owners to separate building (e.g.AO builds their building up against an existing wall, without constructing their own).
"party structure" is a wider term, which could be a wall/ floor partition/ other structure separating buildings/ parts of buildings approached by separate staircases/ entrances (e.g. flats)
Walls that are not Party Walls:
These may include boundary walls (a freestanding wall - a fence wall/garden wall built wholly on one owner’s land) and external walls (the wall of a building built up to but not astride the boundary).
Special foundations
Those in which an assemblage of beams or rods is employed for the purpose of distributing any loads. (includes reinforced concrete)
Notices
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Party Structure Notice (S2)
- Repairs
- Cut into, e.g. for a bearing for a loft conversion
- Raise height
- Demolish and rebuild
- Underpin
- Cut away projections
- Expose wall
- Installation of a flashing, inc. if it requires cutting into AO's independent building. #
Applies even if the works does not extend beyond the centre line of a partty wall.
- Notice served to all AO's 2 months before works commence.
Includes description of works and if project footings are required, as well as any access requirements.
Adjacent Excavation (S6)
BO has a right to undertake certain works on the AO's land to 'underpin or otherwise strengthen or safeguard' the foundations or adjacent buildings or structures. #
- Notice served 1 month before works commence (valid for 1 year).
Includes description of works and whether you propose to strengthen/ safeguard the foundations of the AO' building/structure. Plans & sections showing the location & depth of the proposed excavation/ foundations, as well as any access requirements.
Notice required if you plan to excavate or excavate for & construct foundations for a new building/ structure within certain distances of a neighbouring building/ structure;
- within 3m - where the works will go deeper than the neighbours foundations.
- within 6m/ where that works will cut a line drawn downwards at 45° from the bottom of the neighbours foundations. (can include any neighbours within this distance)
Serving/ Responses
- BO issues notices as required, either 1/2 months prior to works commencing.
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- AO dissents/ does not respond (within 14 days)
:arrow_right_hook: AO is requested to appoint surveyor within 10 days
. :arrow_right_hook: if this is not carried out / refused the BO can appoint a surveyor on the AO's behalf. (no agreed surveyor)
If consent is not forthcoming / express consent is not provided the 'wall' must be built wholly on the owner's land at their expense. Project footings can be place on the AO land as long as they are not 'special foundations' and permission is granted.
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or
- AO agrees within 14 days
- Agree surveyor is agreed to / appointed surveyors per party (who agree a third surveyor)
Award is binding unless ammended by litigation (each owner has 14 days to appeal to county court against an award).
Counter-notice
AO may serve a counter notice within 1 month, setting out limited additional works
- AO may within 1 month give a counter-notice, setting out additional/modified work he would like carried out for his benefit (inc. plans, sections & work particulars) BO must comply with the request, unless injury or unecessary inconvienence or delay would be caused.
Parties
An Owner
Someone with more than a yearly tenancy, e.g. a freeholder, long leaseholder, and occupying tenant. (can be more than one)
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Fees
Surveyor/s decide who pays the fees for drawing up the award & checking the works.
The BO usually pays all costs associated if they are solely for his benefit.
Line of Junction/astride boundary
The expense may be shared between owners, where the benefits and use will be shared (confirmed in writing). #
Adjacent excavation #
Where requested by AO the BO is required to carry out strengthening/ foundation works @ their expense as far as necessary.
Counter- notice works
The costs are apportioned according to the benefit of either party. #
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6m/45°
3m
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