I'm hoping for a new build on a plot of land and the footing will be within the 3m to the neighbour garage which is on the boundary line, it's a precast sectional garage and as far as I know it's on the thick concrete base with no footing, if my new build footing is within 3m and deeper than the neighbour footing then the party wall act is in force. Do I still need the party wall act if there's no footing but just a concrete base? The garage is freestanding
Confused about the Party Wall Act
- Thread starter masona
- Start date
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hmm, it's really no difference to a concrete driveway with a car on it!
Is there anyway I can find out the footing depth
Does looks like a concrete base though, I'm assuming there won't be any drawing plans at the BCO as they didn't need any planning permission but building regulations
All I know it's precast sectional and erected in 1999
My new build footing will be about 1m away from the next door garage so I can't see any problem but must have the party wall act
Is there anyway I can find out the footing depth
Does looks like a concrete base though, I'm assuming there won't be any drawing plans at the BCO as they didn't need any planning permission but building regulations
All I know it's precast sectional and erected in 1999
My new build footing will be about 1m away from the next door garage so I can't see any problem but must have the party wall act
hmm, it's really no difference to a concrete driveway with a car on it!
Is there anyway I can find out the footing depth
The Act requires two conditions to be satisfied before it applies;
1. Your excavation must go below the level of the underside of the neighbour's structure;
2. Your excavation must be within 3m of the neighbour's structure.
Point 2 is obviuosly clear but - officially - how do you know how deep the underside of the neighbour's slab is? The slab might be 4 feet thick for all you know. The point is that if you don't know how deep it is, how can you be expected to apply the Act.
Save yourself a shedload of money on surveyor's fees and just get on with it
Take pics of their garage before you start. Applying the PWA doesn't absolve you of liability if things go wrong, so why pay for a surveyor in the first place?
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So if it's level with their footing it's okay?
The new build footing will be within 3m, so in theory if it's level with the neighbour footing then the 3m rules doesn't matter?
Very good point and this is what my thinking, however the neighbours are well known born complainers and from what I've read, if you're not sure of the footing depth then it's best to get the party wall act which could be a headache for me as they will muck about.
It's a gamble whether they know about the party wall act. What would the worse could happen? Obviously the building work would stop until further investigation but would I be punish?
If you raise the issue with the neighbours, they will first of all want a trial pit dug (at great expense, no doubt) to check the depth of the slab. And that's before the (even more expensive) surveyor gets involved. And remember that when the surveyor makes an award, he can demand all sorts of (yet more expensive) nonesense in terms of protecting the neighbour's slab.
It is not a criminal offence not to apply the Act. The worst they could do is apply for an injunction to stop the work while a surveyor is appointed. There's no guarantee they would get one, and would they be prepared to risk the costs of legal action?
Once the foundation is done it's done and there's nothing further they could do as the Act is not retrospective. My advice would be to get it done quickly and concrete to ground level. By that time, it's done and dusted.
It is not a criminal offence not to apply the Act. The worst they could do is apply for an injunction to stop the work while a surveyor is appointed. There's no guarantee they would get one, and would they be prepared to risk the costs of legal action?
Once the foundation is done it's done and there's nothing further they could do as the Act is not retrospective. My advice would be to get it done quickly and concrete to ground level. By that time, it's done and dusted.
But do bear in mind that your building control officer will want to look at the bottom of the foundations before you pour the concrete in.. Bit of coordinatory work required to dig it, get it approved, and fill it in a short timescale. Digging all the foundations doesnt necessarily have to be done if you just want to clear the bit tiwhin 3m of the boundary.. The other foundation work can be done later, but asking the concrete boys to come back twice etc..
And you might want to make sure the ground is reasonably dry before you begin..
And you might want to make sure the ground is reasonably dry before you begin..
Is this something I can do on my side as it's on the boundary line? The next problem would be my double garage is also precast sectional and about 100m gap between the 2 garages, I suppose I could take out the precast slabs on my side without disturbing their garage?
Any idea how quick can they stop the work with the injunction?
I'm thinking what cjard mentioned, if I can book the building inspector time slot (not sure if this is possible) to check the part footing within 3m on day 1, building inspector next day as early as possible and concrete pour the same day? I'm not sure if the concrete delivery can do this at short notice.
I have done part footing before, is it still done by metal rods on the end section of the footing?
The other theory I have, what is there to stop me digging the footing inside the garage and out of sight?!
Let's say that's my new build footing is 700mm away the neighbour garage and it's on a 150mm base, what would the Party Wall Act surveyor would normally recommend?
The party wall act means nothing unless you cause damage. And then it would have to be fairly significant damage before it became a major headache. So as long as you make sure there is no damage then there really is no risk. Yes your neighbour could seek an inunction, but in reality what's the chance of that happening for a 1990s sectional garage? It would cost them money and they would have to be on the ball. Can't se it myself. I'd just get on with it and see what happens.
Yes you're right, I've managed to dig down the side of the garage footing as they're away and it's on a 200mm concrete base.
Then what are you waiting for!! Get on with it!!!
I'd be more tempted to ring your inspector, find out when he can come on site and book that, then ring round concrete co's and book one who can deliver right after - there are more concrete co's than BIs. In my practical experience the BI needs a few days possibly a week in his diary
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