Party Wall - what governs award content + public sewers

[DeanAlan]

Good afternoon,

 

Context

 

We own a semi detached in Cambridge and have been granted planning permission for an extension.

 

I have served notices to both neighbours.

 

Attached neighbour - for a couple of reasons (chimney breast removal on existing party wall & we are putting new foundations v.close to their own extension (that was built up to the property boundary). Structural Engineer has described a foundation method that protects our attached side neighbours extension foundation. Attached neighbour is very cool  about it all and has agreed to a schedule of condition being drawn up between us.

 

The unattached neighbour - the PWA says excavations within 3m and lower than your neighbour. We're doing trench fill foundations to no more than 1.2m (according to soil sample and SE advice). I wasn't going to do a PW notice to this neighbour on the basis our foundations are 'standard' depth. The elderly lady that lives there is a little ... nervous (ok) cantankerous (not so ok) and kicked up a fuss during planning application (done by previous owner of our property). They spoke with a friend of their family who is in the construction and they come back with their extension are only 1m but no need for a PW Award just a schedule of condition but now they have changed their mind and want a Party Wall Aware and have gone as far as disagree with my suggestion of a PW Surveyor and appointed their own.

 

We are now technically in a PWA dispute but I don't know why. It isn't 'no response', they have actively refused my notice but I don't know what their issue is beyond a) they have said my foundations are in close proximity and b) complexity of drainage.

 

Questions

 

Re drainage. I have a public sewer (lateral drain) crossing my property and I have a build over application in with the local water authority which (in discussion with them) they are about to accept with a few minor details added to the design. This is all about my obligations regarding the local water authority and their asset. Has nothing to do with my neighbour - not in a party wall sense. Nothing about Party Wall Act has anything to do with sewer/drainage systems. What Party Wall issues exist here and what might an award contain relative to drainage related works? Surely this is outside the scope of PW Act or any associated Award?

 

If it turns out my foundations are no deeper than my neighbours (their ground level is actually slightly lower than mine and maybe we don't need to go to 1.2m and sit at the same level as next door) then what? If an award was made, is it null and void? Can I dig small foundation and get building control to agree on the foundation depth at 1m and then inform my neighbour that act and award is not applicable?

 

Lastly,  I can find no details of what governs the content of an award. What might it contain and is it only limited to the building work that triggered the Part Wall Act - the foundations that are within 3m of their foundations, or can it apply to to any and all associated works and how is that defined?

 

Appreciate advice, good or bad stories (less of that bad please) from the group here. Thanks

- Dean

[PeterW]

1 hour ago, DeanAlan said:

If it turns out my foundations are no deeper than my neighbours (their ground level is actually slightly lower than mine and maybe we don't need to go to 1.2m and sit at the same level as next door) then what? If an award was made, is it null and void? Can I dig small foundation and get building control to agree on the foundation depth at 1m and then inform my neighbour that act and award is not applicable?

Yes - you basically can write to say that “XYZ Engineer / Building Control state the foundations are no deeper than xM and using the 45 degree rule you are not required to serve a party wall agreement”

 

 

[DeanAlan]

@PeterW does the 45 degree rule kick in when < 3M from their foundation - my reading of the Party Wall Act was that this was for foundations >3 m but <6 m away, 

 

If their foundations are 1m (as they themselves say) then at 2.2m away a 45 degree line would require our foundation to be 2.1m deep in order to intersect. Interesting line of thinking - I'll pursue that with my SE and Building Control and get their feedback.

 

I don't want to jeopardise my neighbour. I'm happy with a schedule of condition and any liability for damage I might cause relative to that but by serving a party wall notice and giving them control of party wall surveyors at my cost and only being able to appeal - at my cost and at risk of subjective judgment worries me.

 

Thanks for your thoughts Peter.

 

cheers,

-Dean

 

PS - still working the wine cellar design ?