Do I need to concern myself with the Party Wall legislation?

[Dreadnaught]

My plot has back gardens on two sides. Parking spaces for flats on one other. But on one side I have a path behind houses claimed as being part of the property of the neighbour who’s house is on the other side of the path. 

 

On that side, the wall of my new house will be the boundary with the path. 

 

Is the Party Wall Act relevant for me?

[PeterW]

Depends how far down you are digging, and if there is anything attached to the boundary wall (assuming it is a wall and his). 

[Dreadnaught]

14 minutes ago, PeterW said:

Depends how far down you are digging, and if there is anything attached to the boundary wall (assuming it is a wall and his). 

 

Thanks @PeterW. There is currently a normal garden fence along the boundary, not a wall. The wall of the neighbours house is on the other side to the path. My wall will not be in contact with his wall, there will be a path in between.

 

As for digging down, the foundations for my dwelling will be screw piles, with a passive slab and timber frame above.

[Temp]

What matters is the distance between your foundations and any neighbouring building (not the boundary). And the depth of your foundations.

 

 

Google "Guide to party wall act". It has diagrams that explain the depth Vs distance issue.

[Dreadnaught]

Thanks @Temp. I found it and read the guide, and bits of the law too for good measure.

 

It refers to excavations within 3 or 6 metres of a neighbouring building. I wondered if the placement of screw piles would count as excavation. One screw pile company says: "As the screwpile does not require any earth removed during installation the need of a party wall act can be eliminated, as you are not undermining your neighbour’s foundation", so I suspect not.

 

So I think that … 

1. I need not concern myself with the Party Wall Act in relation to the screwpiles.
2. As for building my new dwelling on the line of the fence, I think it depends on the validity of my neighbour's claim over the path that separates us. If he owns it then the wall of why new dwelling would become a party wall. If he does not then I assume it would not. I will need to investigate more.

Thanks for your help.

[Tony C]

I am working with a Party wall surveyor at the moment for our build which hopefully start in September.

If you are placing screw piles within 6meter from your neighbors structure (I mean some structure which has a foundation, sheds or fence won't count) , and your screw piles are long as diagram below,  you will need to serve the notice. It depends how deep your screw piles are.

 

As I don't know your site plans, it is difficult to know if you need party wall notice or not.

It would be best approach some professional, I found Party wall surveyor through here:

https://www.localsurveyorsdirect.co.uk/partywall-surveys-consultancy

 

 

Edited June 23, 2019 by Tony C

[PeterW]

Ok so my understanding is screw or helical piles are exempt and are designed not to disturb the ground. What however is happening is a lot of a##e covering from the insurance industry and PWA surveyors where this is just not needed. 

 

I would ask a solicitor because the PWA is very clear on excavations and special foundations and screw piles are not mentioned.