Access to my property for building works next door

bgy3jlh

Update: the neighbour has said that they are going to issue a PW notice. He has asked me to consider using the council's PW surveyor, to save on time and money.

I really just want everything to be watertight for when it comes to selling my house. This article seems to suggest that having a PWA is a big advantage for a seller, but it's not clear to me whether the advantage is to the person selling the house that's had the works (my neighbour) or the person selling the adjoining property (me).

https://insideconveyancing.co.uk/special-features/understanding-party-wall-legislation-guide-conveyancers-stokemont

bgy3jlh

Update: I've received a copy of the notice by email, and it says that they do think that the foundations will go lower than mine and that they don't plan on underpinning them because they don't think that it will be necessary....!

WIAWSNB

Again, a PWA Surveyor is generally only required for complex builds that could/likely will affect a neighbouring property. Or, if you have concerns about the 'integrity' of the neighbour or builder. In most cases like this, it shouldn't be needed.
I would, however, be inclined to insist on one in your case because of the seemingly less-than-frank or honest descriptions and explanations you've been given for the proposed work; from what you've said, they haven't given you cause to be reassured.
You don't have to tell them this is the reason; they've offered one, so you can just say 'yes', or you can choose your own.
I'd get the name of their proposed surveyor, and check their credentials. It seems a bit weird that the council have these surveyors? And I'm not sure having one provided by the same side who is agreeing the work, providing BCO and stuff is exactly impartial! It seems a bit strange. 
S62? Any thoughts on this?
I, personally, would not be too concerned by the proposed foundations. The plans submitted to Build Control should have all these details, all drawn up by a structural engineer or qualified architect. All the builder has to do is follow them, and the BCO should come out at this stage to approve the founds. Really, little to worry about.
If their digging affects your house - highly unlikely - then you are covered by the builder's indemnity. So, really, the PWA Surveyor is mainly to ensure things like they don't alter their design, don't encroach over your boundary, and stuff like that.
No idea whether to suggest you accept their surveyor or find your own. Certainly only one is needed, but I'm not impressed at their 'cost' argument; surely they'll all be roughly the same cost regardless?

bgy3jlh

Thank you so much @WIAWSNB

I've looked the surveyor up online. The company has rave reviews on Google and Trust Pilot. They are independent, but I think that they are the council's preferred surveyor.

I think that the neighbour was only saying that if I want my own separate surveyor then it might impact the project in terms of introducing delays. 

Thank you again!  

WIAWSNB

bgy3jlh said:

Thank you so much @WIAWSNB
I've looked the surveyor up online. The company has rave reviews on Google and Trust Pilot. They are independent, but I think that they are the council's preferred surveyor.
I think that the neighbour was only saying that if I want my own separate surveyor then it might impact the project in terms of introducing delays. 
Thank you again!  

Thanks. In that case I'd personally be ok with going with them.

This extension is going to happen! So I'd look now at letting it do so as smoothly and quickly as possible, even if that initially means more inconvenience for you. For example, allowing access from your side if it makes things go more quickly.

What I would do is to write down a brief list of your concerns from your earlier chats with the archi and builder. When you have your chat with the PWA surveyor, explain all this, and why it resulted in your concerns. They should keep an eye on these points - as should you - and make it run without issue. 

Please keep us updated on how it all goes. :-)

bgy3jlh

I had a phone call with the surveyor. He seems OK. Quite helpful. He suggested that I email him my queries, and he pass them on to the building owner. I personally think that the building owner is resigned to having a party wall award, at this late stage, and they won't want to entertain my questions. But it's worth a go.

The 2 concerns are:

That the newer drawings are less clear re: whether the fence remains (and hence whether or not they plan on building a wall right up to the line of junction).

The surveyor said that ideally they'd underpin my garage foundations *if* they are shallower than expected, and can they promise to do so. 

bgy3jlh

I've had a response -

The 1800mm(h) Conc. post and timber panel fencing
a. The intention is to reinstall the fence once the wall is built.

No proposal to underpin or otherwise strengthen in order to safeguard the foundations of my garage  
b. The garage foundation would be underpinned if necessary – NB this is a legal requirement of the Party Wall etc. Act in any case and Building Control would also direct the contractor to do this if it is found that there is any risk to your foundation due to differences in depths. This would be localised underpinning just to the area close to the excavation. I’m not sure if you aware that the council are running the project (effectively as the client instructing the builders) and the council Building Control team will be monitoring. The builder has stated that they would use a trench fill technique to the area which is along your garage – this means that the full height of the trench is filled with concrete, rather than just a strip of concrete with blockwork up to ground level. This reduces the time that there would be an open trench next to your garage, and therefore lessens any risk. Nevertheless, there is still scope for underpinning if needed. 

Is there a plan for how to protect my driveway from damage caused by footfall and scaffolding?
c. The builder will lay 18mm plywood or similar boarding to your driveway area, where access is being made. Upon completion they will fully clear and clean down the area. The condition of the driveway will also have been recorded in the Schedule of Condition prior to works, so in the even that any damage was caused, this could be very quickly resolved. The builder has stated that they would first offer to make good any damage, although they will take care and do not expect to cause any.

My next questions to them will be:

1. Can they confirm that the fence is being reinstalled *in its exact and precise current position*?
2. If the answer to the above is yes, then why have I been served with a section 1 notice - 'new walls on the line of junction' (as well as sections 6 and 8). The PWS had said to me that the line of junction had been estimated to be in the middle of the fence. If they don't reissue the PW notice without a section 1, then to all intents and purposes I have consented to the fence being replaced with their building wall, which I don't.
3. Does having a PW notice give me full protection under the act (I spoke to a different PWS who said that the act only protects you if you dissent and have an award drawn up....)?
4. Does the PWS think that the notice & the surveyor's schedule of condition report (which they are thankfully going to do, whichever course of action I take) are sufficient for conveyancing / to allay fears of a potential buyer and their conveyancer (I want to list my house as soon as they no longer need access to my driveway)?
5. Can I have written confirmation that as soon as the scaffolding is no longer needed on my driveway it is removed from my driveway.
6. Should b. (about underpinning) be written in the notice, rather than the current 'it is not proposed to underpin or otherwise strengthen...'
7. Can they give me an estimate of the amount of time access will be needed to my driveway?
8. Who do I contact if I have concerns as the works progresses?

What do you think - anything I've missed?

bgy3jlh

I've sent the questions, along with a few extra. 

Would the PW notice need to be updated and reissued, to reflect the fact that there is no wall being built on the line of junction (and so section 1 doesn't apply), and also that the garage would be underpinned if necessary? Or should they issue an amendment?