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Neighbours soakaway under my driveway


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Hi,

 

Thank you in advance for your help.

 

Currently in the process of building a double storey wraparound.  The driveway has been dug up to reveal two soakaways for two house to my right.  The neighbours front gutter and rear gutter rainwater.

 

Architect isn't sure in how to proceed.  Neighbours are okay with moving the pipework so the soakaways are in my garden and happy to pay a little toward it!  

 

Does a party wall surveyor need to be involved?  Architect thinks so?  Build has stopped until this is sorted.  

 

Any ideas on how to proceed so I can bump the architect?

 

Thank you!!

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6 hours ago, AmKal said:

Architect isn't sure in how to proceed.  Neighbours are okay with moving the pipework so the soakaways are in my garden

How about moving the soakaways into their gardens?  Is there a reason you have to accept their rainwater?

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I'm not convinced the Party Wall Act applies but assuming it does then...

 

13 hours ago, AmKal said:

Neighbours are okay with moving the pipework so the soakaways are in my garden and happy to pay a little toward it!  

 

Given that, all you need do to comply with the Act is get the neighbour's agreement to the plans. No need to pay for a Party Wall Surveyor to draw up a PWA agreement.

 

I think "The Guide to the Party Wall Act" even has a template letter to send them and get them to sign. You only need a surveyor for the PWA if they don't agree and then it gets expensive.

 

 

 

 

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Guide here..

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet.

 

Notify them as per paragraph 8.

Get their agreement for the work as per paragraph 10.

and for it to start immediately instead of waiting 2 months. Paragraph 9.

 

No surveyor needed unless they don't agree or don't reply see Paragraph 12,13,14,15 etc

 

See also Part 5 Example Letters but they don't have to be quite so formal in tone. See Para 8 for what must be included. The rest is up to you.

 

Few hours delay at most if you have drawings already and their agreement to the work.

 

 

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I am curious about this.

 

How does a neighbour's soaraway end up in your garden?

 

Is there some mention of it in the deeds? I don't see how they can be on your property without it being mentioned.

 

 

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