Access to my property for building works next door

bgy3jlh

@LightFlare The bit where the extension and my garage sit in parallel is shown in the picture above 'SITE PLAN'

bgy3jlh

If anyone would be so kind as to review my proposed note then I'd be ever so greatful. I love this forum for how willingly selfless and helpful everyone is, just like Martin himself. 

Dear XXX,

I met the builder who will be working on your extension, yesterday.

Concrete post and timber panel fencing

I showed the builder the proposed plans. He agreed that the plans do not involve the removal of the concrete post and timber panel fencing. He made several (at least four) attempts to persuade me to agree to its removal, presenting both positive and negative potential impacts on me of the fencing being removed. But I told him that any proposed deviation from the plans would need to be re-routed through the council. I have spoken to XXX Council’s planning department this morning, who have advised that if the fence were to be removed, or if there was any other deviation from plan, then I would need to make an enforcement complaint, which they would investigate.

Access to my property

The builder told me that he will be erecting temporary scaffolding on my driveway. He didn’t ask for my permission; he told me that that is what he will be doing. To confirm, I have not given and do not give permission for access. If the builder can prove that there is no reasonable alternative means of constructing the extension without encroaching on my land, then he will need to make a formal written request for access.

Party Wall etc. Act 1996

I have taken advice from PWS Surveyors that because the plan shows the bedroom of the extension extending such that it is parallel to the garage on my property, the above applies. The act applies if you intend to carry out building work that involves excavating near a neighbouring building (see section 6 of the Act, https://www.legislation.gov.uk/ukpga/1996/40/section/6). A party wall agreement is needed, and this is in addition to and separate from the approval for planning permission from XXX Council.

I’m sure you’ll understand the need for written communication and sticking to the rules, to ensure that all parties are protected.

Yours faithfully,
XXX

bgy3jlh

Here's the bit just showing the overlap between the extension (dark coloured) and my garage. The overlap looks to be small, but presumably it could still need the foundations of my garage reinforcing. My garage is very close to the fence, for an idea of scale. You can maybe put your arm between the fence and garage, but probably not your fist.

MeteredOut

bgy3jlh said:

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

Don't forget the "and"

and

(b)any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.

Does the neighbours plans allow you to determine if that is the case?

You can see an example here: https://www.ipws.co.uk/advice/case-law/section-6-notice/

By my reading, if the distance between their proposed extension foundations and your garage between 3-6 metres, and is less than the depth of their proposed foundations, a PWA would apply.

But if the distance is less than 3 metres, then 6(1) would be tested and I assume would mean a PWA would apply since it is almost certain the foundations of the proposed extension would be below the foundations of your garage.

bgy3jlh

No @MeteredOut their plans don't make that clear. Hopefully the onus is on them to prove it, if (b) doesn't apply.

MeteredOut

bgy3jlh said:

If anyone would be so kind as to review my proposed note then I'd be ever so greatful. I love this forum for how willingly selfless and helpful everyone is, just like Martin himself. 

Dear XXX,

I met the builder who will be working on your extension, yesterday.

Concrete post and timber panel fencing

I showed the builder the proposed plans. He agreed that the plans do not involve the removal of the concrete post and timber panel fencing. He made several (at least four) attempts to persuade me to agree to its removal, presenting both positive and negative potential impacts on me of the fencing being removed. But I told him that any proposed deviation from the plans would need to be re-routed through the council. I have spoken to XXX Council’s planning department this morning, who have advised that if the fence were to be removed, or if there was any other deviation from plan, then I would need to make an enforcement complaint, which they would investigate.

Access to my property

The builder told me that he will be erecting temporary scaffolding on my driveway. He didn’t ask for my permission; he told me that that is what he will be doing. To confirm, I have not given and do not give permission for access. If the builder can prove that there is no reasonable alternative means of constructing the extension without encroaching on my land, then he will need to make a formal written request for access.

Party Wall etc. Act 1996

I have taken advice from PWS Surveyors that because the plan shows the bedroom of the extension extending such that it is parallel to the garage on my property, the above applies. The act applies if you intend to carry out building work that involves excavating near a neighbouring building (see section 6 of the Act, https://www.legislation.gov.uk/ukpga/1996/40/section/6). A party wall agreement is needed, and this is in addition to and separate from the approval for planning permission from XXX Council.

I’m sure you’ll understand the need for written communication and sticking to the rules, to ensure that all parties are protected.

Yours faithfully,
XXX

I think this is good - polite but firm. But perhaps, before sending, ask PWS surveyors about the 6 metre, 45 degree thing (or others here with specific experience might be able to chime in)?

MeteredOut

bgy3jlh said:

Here's the bit just showing the overlap between the extension (dark coloured) and my garage. The overlap looks to be small, but presumably it could still need the foundations of my garage reinforcing. My garage is very close to the fence, for an idea of scale. You can maybe put your arm between the fence and garage, but probably not your fist.

That does look very close, Could you estimate what it might be? 1m, 2m? And is the proposed build single or double storey (I assume single, but its not 100% clear from the drawings) - that will likely drive the foundation depth requirement.

Did the builder want to build right up to the boundary, removing the fence for the width of the extension? We can also see now where the builder wants to put the scaffolding on your land  - you say that's your driveway? Do you use that to get to your garage, or to park on? If either of those, that's 100% a good reason to object, never-mind the cheek of being told he was using that space.

bgy3jlh

@MeteredOut I will be able to give the distance this evening, but I'd say that my garage is perhaps 1 metre from the fence, and from the drawings it looks like their building would be equidistant, so 2-ish metres from my garage. 

It's single storey. I presume that the builder did want to go up to the boundary for the entire extension, yes. 

Yes, I park my car on the driveway. 

MeteredOut

bgy3jlh said:

@MeteredOut I will be able to give the distance this evening, but I'd say that my garage is perhaps 1 metre from the fence, and from the drawings it looks like their building would be equidistant, so 2-ish metres from my garage. 

In that case (less than 3m), it'd be Section 6(1) that would apply, and I'd be very surprised if their extension excavation/foundation will not be deeper than your garage foundation.

If accessible, it might be an idea to investigate how deep your garage foundations go. Appreciate that might be difficult or not possible.

Note the 3 meters is the distance between the foundations/excavation, which would typically be less than the distance between the buildings themselves (since foundations are usually wider than the wall that sites on them).

bgy3jlh

@MeteredOut it's 26cm from the outer wall of my garage to their side of the concrete fence post. So, less than 52cm between the extension and my garage, if my judgements from the plan are correct.