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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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A developer is seeking to build within 3m of a third party

Resolved Question:

A developer is seeking to build within 3m of a third party wall at the end of my garden. If approved the plans suggest he will also dig down below the existing foundations and within 6m of this wall. Are these plans subject to the Third Party wall Act? What ability do I and other neighbours have to ensure he is insured should the work cause a problem? or we are insured should he fail to complete the project?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

As he started work yet?

Has he served a Party Wall Notice?

Have you asked him for a copy of his public liability insurance?
Customer: replied 3 years ago.

No he has not started work yet.


No, his surveyor doesn't believe it is subject to the Party Wall Act (it is the side of a commercial building which runs across my back garden).


No, not yet but was intending to.


 

Expert:  Jo C. replied 3 years ago.
Here is a guide on the provisions of the party wall act.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf

Whether he has to serve party Wall act notice or not depends on the depth of your foundations, the debt that he is planning to excavate two and the proximity to your property.

I’m sure that you will read the booklet from end to end but for now skip forward to pages 18 -21 and in particular the top of Page 18 and the sketches on page 19 and 20.

If what he is doing comes within the description at the top of Page 18 venues required to comply with all the requirements of the Party Wall Act.

If he doesn’t let you have a party wall act notice and comply with the rest of the requirements you can make an emergency application to court to get an injunction to stop work (and ask the court to award adverts cost against him) pending compliance with the Act.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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