Extension on piles and party wall act

[dogz]

Hi,

My parents nextdoor neighbour is carrying out a substantial 2 storey extension. The builders have started to dig out the footings but the ground is like tea leaves so they have suggested that piling is required. They are building pretty much up to the boundary. The houses are detached 4/5 bed properties built in the 60s and it’s know the ground is poor

My Parents are rightfully worried what impact piling will have on their own foundations which may ultimately cause issues in 6 or 12 months or in the future

What rights do they have to ensure no impact is made on their property due to the piling taking place? Does the party wall act apply if they are within 3 or 6 meters of my parents property and what does this help them achieve?

I’m keen to understand what their options are so they can have a more informed conversation with the nextdoor neighbour

Any help on this gratefully received!!

Edited by dogz on Sunday 6th January 17:36

[ClaphamGT3]

Without actual dimensions, it's hard to advise definitively but the attached diagram should give you a good steer.

It's also worth ascertaining what sort of piling they will be doing, as driven - or impact - piles will be more likely to cause damage than bored ones. Also note that, if the proposed piles are a Pali radice system, taking the pile dimensions from the party wall line lay not be straightforward

url]|https://thumbsnap.com/5waUVr3e[/url]

[dogz]

Thanks for this. Distance between parents house and new structure is less than 2m I believe. I guess parents should have been served notice under party wall act? Or will need to be now? Need to find out about party wall act tonight

[smokey mow]

Have the neighbours actually told your parents that the piles will be impact (driven) or could they be using augured piles?

[AnotherGuy]

12 months ago - I was the one doing the piling (or at least getting the contractors in to do it)

In my case I had to put in 20 piles, both front and back of my house for a rear single story extension and a front full height extension and had to issue Party Wall notices to both immediate neighbours.

After long discussion with the piling contractors we were all persuaded that the risk was minimal. In my case it was mini-piling using 250mm open bore piles that are actually vibrated drilled into the ground - they went down 12metres.
Additionally my extension was buildng over an existing sewer and Anglian Water were also happy to sign off the build-over agreement, again knowing about the mini piling less than 3m from a main sewer,.

It was all very much of a non-event. The piles were done in a day and it doesn't appear to have affected either my original house nor the neighbours.

Edited by AnotherGuy on Friday 28th December 20:10

[ClaphamGT3]

dogz said:

Thanks for this. Distance between parents house and new structure is less than 2m I believe. I guess parents should have been served notice under party wall act? Or will need to be now? Need to find out about party wall act tonight

The best thing to do at this stage is speak to the neighbours and politely point out that it appears that their works fall within the Party Wall Act. As such they need to make sure that they are compliant with the act. In practice, this means that they need to serve formal notice, out lining their proposed works for your agreement. In circumstances such as these, it is reasonable to ask them to provide method statements of what is proposed and you may also want some record of the condition of your property prior to their works commencing.

As the developing party, they are obliged to meet your reasonable costs relating to the act and, in practice, this often means that, as well as appointing their own party wall Surveyor, they pay for yours too. You may hear reference to a "third Surveyor". This is a contingent appointment of a surveyor who arbitrates if the two surveyors can't agree. They are almost never used but, to be fully compliant with the act, should be appointed.

Remember that the remedy for breach of the act is injunction & damages, so enforcement is time consuming and expensive, hence getting the neighbour on side and willing to comply is worthwhile.

Hope this helps. Do come back if you have anymore specific questions.

[dogz]

ClaphamGT3 said:

The best thing to do at this stage is speak to the neighbours and politely point out that it appears that their works fall within the Party Wall Act. As such they need to make sure that they are compliant with the act. In practice, this means that they need to serve formal notice, out lining their proposed works for your agreement. In circumstances such as these, it is reasonable to ask them to provide method statements of what is proposed and you may also want some record of the condition of your property prior to their works commencing.

As the developing party, they are obliged to meet your reasonable costs relating to the act and, in practice, this often means that, as well as appointing their own party wall Surveyor, they pay for yours too. You may hear reference to a "third Surveyor". This is a contingent appointment of a surveyor who arbitrates if the two surveyors can't agree. They are almost never used but, to be fully compliant with the act, should be appointed.

Remember that the remedy for breach of the act is injunction & damages, so enforcement is time consuming and expensive, hence getting the neighbour on side and willing to comply is worthwhile.

Hope this helps. Do come back if you have anymore specific questions.

Thanks ClaphamGT3. This is exactly the approach they are going to take. I’m going to pen what they need to say to the neighbour and they will pop over in the next day or so to inform them about the party wall act and their obligations under it

Does the fact they have already started digging foundations out without following the processes to date hamper things going forwards?

Thanks for all help on this so far

[ClaphamGT3]

dogz said:

Thanks ClaphamGT3. This is exactly the approach they are going to take. I’m going to pen what they need to say to the neighbour and they will pop over in the next day or so to inform them about the party wall act and their obligations under it

Does the fact they have already started digging foundations out without following the processes to date hamper things going forwards?

Thanks for all help on this so far

Strictly speaking, under the act, notices should be served and responded to within specific time windows and work should not start until a party Wall award has been agreed between the parties.

If the neighbour has already begun to dig the trench,I don't think that it is unreasonable to ask them to stop pending the agreement of an award. Equally, if they agree to do so, I would aim to get an award in place as quickly as prudently possible and not make them adhere to the full notice periods unnecessarily.

[alfie2244]

I may be missing something here but digging foundations already doesn't sound like piling to me?

Happy to be corrected but can they not dig founds without a party wall agreement if they aren't actually directly interfering with the neighbours property on the 45 deg rule as in the diagram posted?

Edited by alfie2244 on Saturday 29th December 16:00

[ClaphamGT3]

alfie2244 said:

I may be missing something here but digging foundations already doesn't sound like piling to me?

Happy to be corrected but can they not dig founds without a party wall agreement if they aren't actually directly interfering with the neighbours property on the 45 deg rule as in the diagram posted?

Edited by alfie2244 on Saturday 29th December 16:00

I read that, having started the excavation, the contractor has gpfound that the ground conditions necessitate piling. Having asked the question, the OP confirmed that these would fall within the 6m/45 degree rule

[alfie2244]

ClaphamGT3 said:

alfie2244 said:

I may be missing something here but digging foundations already doesn't sound like piling to me?

Happy to be corrected but can they not dig founds without a party wall agreement if they aren't actually directly interfering with the neighbours property on the 45 deg rule as in the diagram posted?

Edited by alfie2244 on Saturday 29th December 16:00

I read that, having started the excavation, the contractor has gpfound that the ground conditions necessitate piling. Having asked the question, the OP confirmed that these would fall within the 6m/45 degree rule

Yes reread again...piling would as you state..........I see it was the builder that mentioned piles...........perhaps a raft would be a better solution?