Building very close to boundary

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tinman
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Building very close to boundary

Post by tinman » Tue Oct 09, 2018 1:22 pm

Hi, my neighbour wants to build a large two storey extension one metre from the boundary. The problem I have is that my house is only two metres from where he wants to dig foundations and his house is two metres below ours meaning his excavations may weaken my retaining wall and cause problems to my house for me in the future. I know there is a party wall act to protect me but I would like to know at what point, if any, an excavation would be too risky to go ahead? Further down our garden there is evidence of slippage. I have spoken to the neighbour but he is unwilling to listen. Any advice that could stop it going ahead would be much appreciated.
Thansk

Collaborate
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Re: Building very close to boundary

Post by Collaborate » Tue Oct 09, 2018 2:52 pm

If they start the development without going through the PWA you need to be ready to sccot off to court to get an urgent injunction. The purpose of the PWA is to ensure that well planned developments are not frustrated by neighbours, but also to ensure that surveyors can get involved to look after both parties' interests. The surveyor your neighbour will have to pay for will be able to explain what is needed to ensure your property remains safe.

jonahinoz
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Re: Building very close to boundary

Post by jonahinoz » Tue Oct 09, 2018 4:18 pm

The surveyor your neighbour will have to pay for will be able to explain what is needed to ensure your property remains safe.

Hi,

Am I right in saying Tinman's neighbour will have to pay for Tinman's surveyor? And his own surveyor if he want's one ... and then a third surveyor to arbitrate between the other two? Could be expensive.

I can't remember, it's been so long since I done a self-build ... Is the developer required by law to have insurance, and if so, is he required to nail the certificate up somewhere for all to see? If not, should Tinman advise his own insurers about what is going on? Life is so much easier if you have somebody to fight your battles for you.

Visions of Tinman being sued by the neighbour when his (Tinman's) house slides into his (Neighbours) garden.

602

Collaborate
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Re: Building very close to boundary

Post by Collaborate » Tue Oct 09, 2018 11:15 pm

S10(13) of the PWA says the surveyors shall say who pays their fee, but assuming the only reason for their involvement is that one neighbour wants to build something and the other wants their interests protecting, the surveyors should normally agree the developer shall pay.

tinman
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Re: Building very close to boundary

Post by tinman » Wed Oct 10, 2018 1:59 pm

There is another aspect to this. Both properties are 8 metres deep and staggered overlapping by just two metres. There was a reason for this but as the properties were built 90 years ago we can only guess what it was. I believe the reason is stability and it is still valid. Any thoughts on this will be much appreciated?

Collaborate
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Re: Building very close to boundary

Post by Collaborate » Thu Oct 11, 2018 7:25 am

tinman wrote:
Wed Oct 10, 2018 1:59 pm
There is another aspect to this. Both properties are 8 metres deep and staggered overlapping by just two metres. There was a reason for this but as the properties were built 90 years ago we can only guess what it was. I believe the reason is stability and it is still valid. Any thoughts on this will be much appreciated?
Ask your surveyor.

NFHwars
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Re: Building very close to boundary

Post by NFHwars » Fri Oct 12, 2018 11:41 pm

Collaborate wrote:
Tue Oct 09, 2018 11:15 pm
S10(13) of the PWA says the surveyors shall say who pays their fee, but assuming the only reason for their involvement is that one neighbour wants to build something and the other wants their interests protecting, the surveyors should normally agree the developer shall pay.

I'm interested if this is true Collaborate because my neighbours have said they're getting a surveyor because they are questioning the boundary and want to build and their solicitor has told me I have to pay half.

jonahinoz
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Re: Building very close to boundary

Post by jonahinoz » Sat Oct 13, 2018 8:54 am

and their solicitor has told me I have to pay half.

Hi,

If you have to pay half, who is the surveyor working for? Would two surveyors arrive at exactly the same answer?

Presumably, the Neighbour would like to build closer to Tinmans house than the existing boundary ... IE: Less than two metres from Tinman's house wall ... and even "lesser" from the foundations? Would it be worth Tinman mentioning this to his insurers? I'd guess that any bank/BS with an interest in either property would like to know what is going on.

Is the neigbour planning this as a self-build, or is he going to employ Civil Engineers?

Would the neighbour's extension be considered a basement for Planning and BC purposes?

602

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Re: Building very close to boundary

Post by Collaborate » Sat Oct 13, 2018 9:53 am


NFHwars
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Re: Building very close to boundary

Post by NFHwars » Sat Oct 13, 2018 10:20 am

I don't want to take over Tinman's thread but I have no idea Jonah. I do have my own thread in Boundaries but haven't had many responses.

My neighbour said he was going to build a garden wall between our properties and attached to the houses but started to prepare over the boundary into our garden. We sent a letter saying that's not your garden and his solicitor replied saying we think we need a surveyor to decide the boundary and you have to pay half.

This is what I'm trying to find out. Why do we have to pay half when we know where the boundary has been for 14 years and the neighbour is trying to move it??

Sorry Tinman, hope your issue gets sorted!

Collaborate
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Re: Building very close to boundary

Post by Collaborate » Sat Oct 13, 2018 11:22 am

NFHwars wrote:
Sat Oct 13, 2018 10:20 am
I don't want to take over Tinman's thread but I have no idea Jonah. I do have my own thread in Boundaries but haven't had many responses.

My neighbour said he was going to build a garden wall between our properties and attached to the houses but started to prepare over the boundary into our garden. We sent a letter saying that's not your garden and his solicitor replied saying we think we need a surveyor to decide the boundary and you have to pay half.

This is what I'm trying to find out. Why do we have to pay half when we know where the boundary has been for 14 years and the neighbour is trying to move it??

Sorry Tinman, hope your issue gets sorted!
The answer is literally in the link contained in my post above yours.

NFHwars
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Re: Building very close to boundary

Post by NFHwars » Sat Oct 13, 2018 12:29 pm

Thanks Collaborate. If you have the time, would you be able to explain what this part of the site means ...

"Where counter-notices have been served and works carried out at the request and expense of the Adjoining Owner (person/s adjacent to the works), surveyors fees in conjunction with the required benefit of the Adjoining Owner and where work was undertaken outside of the requirements of that which was needed to satisfy trespass, nuisance, structural, safety or easements required for the Building Owner to carry out the works, the Adjoining Owner will be required to both pay for the extra works and the time of the surveyor preparing the fair determination of the matter."

It's a bit complicated for my tiny mind.

Collaborate
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Re: Building very close to boundary

Post by Collaborate » Sat Oct 13, 2018 3:04 pm

If you want the neighbour carrying out the build to change their plans and add something that benefits you, you will have to generally bear the cost.

This relates however to building up to the boundary, and not building that straddles the boundary. You can simply refuse permission for the latter.

NFHwars
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Re: Building very close to boundary

Post by NFHwars » Sat Oct 13, 2018 3:12 pm

Thanks Collaborate.

jonahinoz
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Re: Building very close to boundary

Post by jonahinoz » Sun Oct 14, 2018 9:31 am

It's a bit complicated for my tiny mind.

Hi NFH,

Ditto ... and thankyou for saying it before I did. :-)

So ... the neighbour could be responsible for paying THREE surveyors ... YES? Perhaps it would cost the developer less if he offered to impove his neighbours house FOC provided there was no fuss.

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