Access to my property for building works next door

bgy3jlh

Oh wow, I've just read that a party wall agreement is needed if there are excavation works – or underpinning – to, or close by (within 3-6m), the party wall.

bgy3jlh

This is definitely within 3-6 metres.

bgy3jlh

Hmmm, not sure that concrete posts and timber panels, i.e. a fence, is a 'party wall' though, according to this definition: https://www.gov.uk/party-walls-building-works

bgy3jlh

The unscrupulous builder tried to scare me into agreeing to the fence removal, by saying that the excavation on the other side would compromise its structure  

TELLIT01

Do you have a car you could park against your boundary in the are they say they need to put their scaffolding?

bgy3jlh

I've just spoken to https://pwssurveyors.co.uk/the-party-wall-act/ who've advised that the fence isn't covered by the act, but my garage is! My garage sits within 3 metres of where they plan to build!

MeteredOut

bgy3jlh said:

I've just spoken to https://pwssurveyors.co.uk/the-party-wall-act/ who've advised that the fence isn't covered by the act, but my garage is! My garage sits within 3 metres of where they plan to build!

Is the garage a party wall though? Does it sit along the boundary?

Or is it just that the ground works on your neighbour's garden will be close to your garage? In that case, they'd have to ensure no damage (take pictures beforehand) but does not mean it is a PW.

LightFlare

Appreciate why you may not wish to - but a picture paints a thousand words.

If you could post an overhead and/or copy of the plans that might give a bit more context

WIAWSNB

You can insist on a PWA Surveyor under these circumstances. You can choose the surveyor, and the neighbour has to pay for it.

I'd suggest that enough has already occurred to make it a very good move to engage one in this instance.

The surveyor will/should handle any deviations or other issues that could affect your property during this build.

Your neighb won't like it - it'll cost them around £1k, and should also scupper any proposed dodgy moves they may have had in mind - but you can explain why you insist; the builder has already given you what you believe to be incorrect information on a number of points, so you no longer have trust in them. End of. No need for discussion or argument - just repeat that to them until it sinks in.

Please keep us updated - this is the sort of issue that comes up at regular intervals.

bgy3jlh

MeteredOut said:

bgy3jlh said:

I've just spoken to https://pwssurveyors.co.uk/the-party-wall-act/ who've advised that the fence isn't covered by the act, but my garage is! My garage sits within 3 metres of where they plan to build!

Is the garage a party wall though? Does it sit along the boundary?

Or is it just that the ground works on your neighbour's garden will be close to your garage? In that case, they'd have to ensure no damage (take pictures beforehand) but does not mean it is a PW.

Thank you, but my research tells me otherwise - 

https://www.legislation.gov.uk/ukpga/1996/40/section/6

(2)This section also applies where—

(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner