Party Wall Act and Utilities

[Temp]

Hypothetical question...

 

The water/sewerage companies now have responsibility for some shared pipes that may cross your land. If they need to come and dig them up who has responsibility for complying with the Party Wall Act? As I understand it the PWA applies between to land owners.

 

Here is an example I made up. The pink pipe is in one property but within 3m of a building in another.

 

Edited September 27, 2018 by Temp

[Tyke2]

They have statutory powers. So just as when the cable is in the footpath in front of a house etc. So not relevant to PWA I would think.

[Mr Punter]

If this is excavation within 3 metres of and deeper than the bottom of the foundation of the adjacent building it could apply, but I doubt it as the water company are not an owner.  The adjacent owner would need to take out an injunction to stop the work, which would be very expensive. 

[Temp]

I'm sure that's correct (about their statutory powers). Would be nice to find a reference. 

[Temp]

2 minutes ago, Mr Punter said:

If this is excavation within 3 metres of and deeper than the bottom of the foundation of the adjacent building it could apply, but I doubt it as the water company are not an owner.  The adjacent owner would need to take out an injunction to stop the work, which would be very expensive. 

 

Lets assume that the geometry means the PWA would definitely apply if it was us doing the digging.  The PWA would also apply if we hired a contractor to do the digging rather than physically dig ourselves.

 

It's what happens when the Water Co or one of their contractors is digging that I'm interested in. Is it still the land owners responsibility?

 

 

 

 

Edited September 27, 2018 by Temp

[Mr Punter]

I can't see how the PWA would apply because the water company are not an owner and I assume the land owner has no right to refuse the work being carried out.