Access to my property for building works next door

bgy3jlh

Thinking about it now, my house will be within 6 metres of their planned excavation! 

MeteredOut

bgy3jlh said:

Thinking about it now, my house will be within 6 metres of their planned excavation! 

Assuming more than 3 metres though, it'd be the 45 degree rule (section 6(2)b) that would come into play. So are their extension excavations/foundations depth greater than the distances between those excavations/foundations and your property (including your foundations, which could be closer than the facing of your house).

You might want to add both the garage and your house to your letter/email to them.

TELLIT01

Any decent bricklayer can build a wall from the 'wrong' side i.e. without having to go onto adjoining property.  New people moved in next door but one to me and their builder did that when building a brick garage/workshop which came within inches of the boundary.

However there were other issues.  The foundations for garage needed to be deep for some reason, and that did affect the wall of my neighbour's garage which developed large cracks and basically had to be rebuilt at the other people's cost.

bgy3jlh

Thanks @MeteredOut. I put the letter through their door last night with no mention of proximity to the house, but I've since found a 'delegated report sheet' that says that at its closest the extension would be 2.2 metres from my house. 

bgy3jlh

Thanks @TELLIT01 that sounds horrific

bgy3jlh

Update:

The neighbour has responded, via what seems to be quite a considered email. He has suggested that I either meet the architect and project manager face to face, or give the architect a call. I think that the face to face meeting sounds best, in my house away from prying ears.

I plan on having with me a printed copy of the relevant parts of the Party Wall etc. Act, and the legislation that says that only for maintenance do you need to allow a neighbour access to your property.

I also think that I'll be saying that I only ask that everything is done according to the law, and if my not giving them access to my property delays things, then they shouldn't have made their plans around an assumption that I would give them access.

It's going to be a big enough disruption, I'm sure, with work vehicles and noise and dust. I refuse to be burdened with further disruption. The neighbour should think himself lucky that I didn't object! That's as accommodating as I'm willing to be. 

And we need a party wall award before any work commences.

bgy3jlh

I've just had a thought: mine is a small 2-bed semi. So, does my adjoining neighbour also need to be involved in negotiations? His side of the house is further away, but I'm just thinking that if it's the *building* at risk from the works, then he owns half of it. 

WIAWSNB

I doubt very much it'll concern the other half, unless, say, you have a shared drive.

MeteredOut

bgy3jlh said:

I've just had a thought: mine is a small 2-bed semi. So, does my adjoining neighbour also need to be involved in negotiations? His side of the house is further away, but I'm just thinking that if it's the *building* at risk from the works, then he owns half of it. 

I doubt it too.

Has the face-to-face meeting been scheduled? Does your neighbour agree a PWA is needed, and do they realise that is entirely at their cost?

bgy3jlh

Scheduled for tomorrow afternoon. Thank you - I'll keep the thread updated.