Mini piling - do I need to issue section 6

[Wadrian]

Hi 

 

could really do with some feedback on this. I am doing mini piling on my self build which is due to start next Wednesday! Just read that I need to issue a section 6 notice to my neighbour. The house is 4m from neighbour and I am using 150mm pile using grundomat method. It is a detached house and next door is a detached house which is 4m from my new build. 
 

my piler says I am fine and can just do the work. Any had experience of this? 

[SteamyTea]

https://www.simplesurvey.co.uk/article/the-beginners-guide-to-section-6-party-wall-notices/

 

"Within 6 metres where your excavation will intersect a line drawn at 45° from the bottom of your neighbour’s foundations."

 

How deep are the neighbours foundations?

[saveasteading]

21 hours ago, Wadrian said:

 I am doing mini piling on my self build

Perhaps you shouldn't be.

 

Where are you with a structural Engineer, building regulations?

 

Does your contractor have expertise?

[torre]

I'm surprised this hasn't come up at an earlier stage!

 

No personal experience of piling but if you're only 4m away then I think it's likely the party wall 6m rule @SteamyTea linked will apply as you'll presumably be piling quite a lot deeper than the bottom of their foundations.

 

In your case say they've a 1m strip foundation and you're piling deeper than 5m then PWA will apply.

 

Bear in mind that you, not the piling company, will be liable to your neighbour for any damage to next door when taking the pilers advice.

 

Have you already spoken to the neighbour at all about your piling?

 

 

 

 

[saveasteading]

@Wadrian you may not like what we are saying but do stay engaged.

We are helpful and constructive.

 

Better a delay now than huge issues later.

Do you have a drawing we can see?

[saveasteading]

@Wadrian I've looked at your previous queries. You don't appear to respond to comments.

Please respond in some way so we know this is real and it's worth us being engaged.

[Wadrian]

Hi, yes I shall respond. I didn’t know there was an option to do this, but will

do from now on. 

[Wadrian]

Hi, I am planning to speak to the neighbour tomorrow. Can also get some pictures and video of elevation next to my house. 

[saveasteading]

And answer the questions please.

Do you have a structural engineer?

Has building control agreed to these piles?

Some mini piles are utterly unsuitable for houses.

Permitted development applies to planning only, not building regulations.

 

[Mr Punter]

The Party Wall notice engages the Party Wall Act and once issued, you need to follow through, possibly instructing a surveyor and perhaps also paying for the adjoining owners surveyors surveyor.  You will need plans and sections, together with Risk Assessments and Method Statements  from the piling contractor.  Allow 2-3 months.

 

If your neighbour does not give their written consent to the proposal, they will be deemed to be in dispute and 2 surveyors will normally be needed to draw up a Party Wall Award - all paid for by you.

 

If you chose not to issue the notice and just carry on, you run the risk that the neighbour could issue an injunction preventing you from continuing, but they would need to do this at their own risk and expense.  If their injunction is successful, you would be liable for their legal costs as well as any damages.  If they do not issue an injunction there is nothing else that can be done.

[Wadrian]

Thank for the comprehensive reply. Building control know we are having mini piles. I still need to get the method statement and risk assessments off the piling contractor. The piling contractor has informed me that the grundomat method they are using and the distance between the 2 properties - he says there is no risk of any damage. 

[saveasteading]

54 minutes ago, Wadrian said:

there is no risk of any damage. 

Which doesn't alter the party wall conditions or process. You must still do this.

 

The contractor's assurances are not enough. Regardless of what the bco says (they have no liability) you must have approval and detail from a Structural Engineer or or a very technical Architect with capital A or Chartered Surveyor who has both the knowledge and insurance cover appropriate.

 

The risk of not having this approval are huge. Not only might there be a problem to your or the neighbours' house but it could create difficulties to you or them in selling or getting a mortgage.

The neighbours' party wall surveyor will also require this proof.

 

If you are using one of the very big piling contractors then they may do all this for you.. but I suspect yours is a small, general contractor.