Party Wall issues

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82145144#Comment_82145144

Sorry for being thick but I could of missed something.

Now you mention underpinning.

You say new build and in your thread from last year about you building new builds is it the new builds or a dwelling attached to the neighbours home that is causing issues?

Chief_of_Staffy

https://forums.moneysavingexpert.com/discussion/comment/82144983#Comment_82144983

But the surveyor hasn't decided anything, nor has he indicated he intends to. The issue as described is monetary and time-limited demands by the neighbour, so my answer stands. If it's going through a surveyor then clearly both parties should wait for the decision.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82145324#Comment_82145324

The details of what has been done are a bit fuzzy (which is one of the reasons some of the definitive comments from some folk in the thread could be premature) - but you don't have to build up to the boundary for the PWA to apply.

Section 6 of the Act covers excavations. In brief, if you 1) dig below the level of the neighbour's foundations within 3m of their structure or 2) dig within 6m of their structure below the 45 degree line from the bottom of their foundation, then the PWA applies.

So for example, if a pair of semi's were constructed on a plot of land and the excavation within 3m of the neighbour's structure goes below their foundation then it is a PWA issue. Underpinning may be required, or might be something the person doing the work opts to do (with the consent of the neighbour) to minimise the risk of damage to the neighbour's property.

It may be the case the OP's PWA Award specified the neighbour's property would be underpinned… so there's a whole bunch of stuff still to be unpicked over liability.

PennysIntoPounds

Lost in the mists of building time @Section62 but I will try to find out

@Boohoo me and partner, and his brother and partner jointly built two houses at the same time to live in, one of which is closely next to but not attached to neighbours house (small alley in between). I added about us underpinning as someone earlier had asked about any structural works regarding the pre existing crack

Apologies for any fuzziness, we have been dealing with a million spinning plates of hugely complex things as complete amateurs.

Just wanting to make sure everything is fair for everyone after the unexpected demands and suddenly imposed quick deadline of neighbour. Appreciate all your helpful contributions and will let you know when there are any developments

WIAWSNB

Have you replied to your neighbour to explain you are checking all of this out asap, but you don't anticipate it being done within their one-week time restraint?

How wide is this alleyway, and on whose land does it sit - yours?

PennysIntoPounds

Hi @WIAWSNB we're trying to get our final response and offer decided before the seven day deadline so as to not antagonise him further, but maybe politely say that since his legal advisor (ai) seems to have misinformed him we're happy if he'd prefer to respond to us before going to the PWS for adjudication but we respect his choice if he wishes to do so

Alley is couple of feet wide on our land