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Party Wall Agreement

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#1 DavidofMersea



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Posted 21 April 2016 - 01:54 PM

I am about to start building a house which is on a slopping plot. The slope is from side to side. On the upside is a vacant plot. A surveyor is telling me that I will need a party wall agreement with the neighbour on the down side .... Is this true?

I thought the object of the party wall agreement was to protect against a neighbours house falling into new foundation trenches. I will be piling and the neighbours house on the downside is about half a metre lower than my my plot, and apart from the piles nothing will go anywhere below the neighbours house

#2 temp


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Posted 21 April 2016 - 03:23 PM

How close and how deep?

You would think piles (especially drilled) were safe but unfortunately google can find lots of references that suggest the PWA applies to piled foundations...



To come within the scope of the Act you have to be excavating within 3 metres of your neighbour’s foundations and below their base (this is extended to 6 metres if your foundations are particularly deep – such as piled foundations).



There are two types of excavations that are covered under section 6:

•Excavating within 3 metres of your neighbour’s building and to a depth lower than the bottom of their foundations

•Excavating within 6 metres of your neighbour’s building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45 degrees from the bottom of their foundations, taken at a line level with the face of their external wall (this will normally mean that you neighbour is using piled foundations).



A notice is also required if you are excavating within 6 metres of your neighbour’s building deeper than a 45 deg. line struck downwards from the underside of the neighbours foundations). This can arise when piled foundations are used or where deep basements are formed.