THE PROCESS UNDER THE ACT
In the context of Party Wall Issues, you are the ‘Structure Proprietor’ if you are doing the notifiable construction work and also you are the ‘Adjoining Proprietor’ in basic terms if you are the neighbour.
1. The Structure Proprietor must first serve legitimate Notification(s) on Adjoining Proprietor(s) when notifiable work is proposed. See ‘Structure Owners’ tab below. We commonly see invalid Notices prepared by Building Proprietors implying unfortunately, they should start the process once more. Structure Owners likewise frequently offer the incorrect kinds of Notice.
2. An Adjoining Proprietor (the neighbour) having obtained a Notice might dissent and in this event is qualified to select their own Party Wall Land Surveyor. Costs for this Land surveyor will normally be met by the Building Owner.
3. When the Adjoining Owner designates a Party Wall Surveyor, the Structure Proprietor have to additionally assign their very own Party Wall Surveyor. Both Land surveyors should then collaborate to settle on the regards to a Party Wall Award, authorizing the notifiable job.
4. Conversely, there can be a single Agreed Surveyor who will act for both Owners who will, subsequently, prepare as well as serve a Party Wall Award.
WHAT ABOUT LANDSCAPING?
With regards to adjacent excavation, it can be in the form of excavation that commonly applies the digging of a foundation with a purpose of forming an underpinning or a new structure to an existing party structure.
Also, it can include an excavation to form drains or lowering the land intended for landscaping purposes.
EXAMPLES UNDER SECTION 6
For example, you need to serve an Adjacent Excavation and Construction Notice if you want to excavate within the adjoining structure or property on the adjacent owner’s land, including a garden wall you own or share with the adjoining owner.
This happens of the excavation bottom will be below the bottom of the adjoining property’s or structure’s bottom.
You need to be aware that two specified excavation distances included in Section 3 of the Party Wall etc.
The act of 1996. This consists of the excavation within 3 meters and 6 meters.
Most of the domestic works are under the 3-meter rule although some deeper excavations like those needed for piling or basements that require between 3 meters and 6 meters might also trigger the service notice requirement.
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Keep in mind that the Party Wall Act Section 6 Adjacent Excavation and Construction Notice need to be accompanied with appropriate sections and plan to show that site as well as the exaction depth of site with proposed structure and excavation.