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Do I Need to Notify My Neighbour with the Party Wall Act if the works are separated by a road ?
Friday 29th September 2023
Introduction:
Tayross were recently involved in a project adjacent to Belgravia Square in London has long been associated with luxurious properties and ongoing construction projects. As Tayross Associates, a reputable building consultancy firm, we recognise the importance of adhering to the Party Wall etc. Act 1996. In this blog post, we will delve into the topic of notifying neighbours across the road under the Party Wall Act, while also highlighting a unique scenario involving a LEB substation adjacent to a basement extension. Understanding the legal requirements in such cases is crucial to ensure a smooth construction process and maintain positive neighbourly relations.
Notifying Neighbours Across the Road:
While the Party Wall Act does not specifically mandate notifying neighbours across the road, it is essential to consider the potential impact of construction activities on neighbouring properties. In the case of a basement extension, the Party Wall Act becomes particularly relevant if the proposed works involve the extension of the basement where the light well is located. This scenario may trigger the need for notification and adherence to the Act's provisions, even for structures that are not traditionally considered residential properties, such as substations.
The Importance of a Schedule of Conditions:
When undertaking construction projects, Tayross Associates places great emphasis on conducting a Schedule of Conditions. This integral step involves a comprehensive assessment of the existing condition of properties falling within the scope of the Party Wall Act. By meticulously documenting any damages, cracks, or defects, we establish a baseline record. This record serves as a reference point to accurately attribute any subsequent changes or damages to the construction work. This ensures fairness and transparency, protecting the interests of all parties involved and minimising potential disputes.
The Notifiable Substation Scenario:
In a recent project, we encountered a unique situation involving a substation located adjacent to a property undergoing a Vault which needed to be underpinned. As the proposed works involved the extension of the basement where the light well is situated, the Party Wall Act requirements were triggered. This meant that the substation, despite not being a residential property, fell within the scope of the Act. Consequently, it became necessary to notify the relevant authority responsible for the substation and follow the prescribed procedures outlined in the Act. By doing so, we ensured compliance with the Act's legal requirements and addressed any potential risks or issues associated with the construction process.
Conclusion:
When conducting construction work in distinguished areas like Belgravia Square, it is imperative to prioritise responsible practices and comply with legal requirements such as the Party Wall Act. While notifying neighbours across the road may not always be obligatory, it is essential to consider the potential impact of construction activities on neighbouring properties. Tayross Associates understands the significance of conducting a Schedule of Conditions, even in unique scenarios involving substations adjacent to basement extensions. By adhering to the guidelines of the Party Wall Act, fostering positive neighbourly relationships, and addressing relevant notifiable scenarios, we can create a harmonious construction environment that benefits the entire community.
Here at Tayross, Carl is a Chartered Senior Surveyor with experience in Planning, Building, Surveying and Party Wall related matters. He is happy help with any questions you may have regarding the above.
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