This blog is not an authoritative interpretation of the law; it is intended as a general guide.
In this blog Icon Surveyors will be considering why and when I will need a Party Wall Notice for a Basement Extension.
There are three sections of the Act that may apply to any building owner that proposes to build a basement extension. These are sections 1, 3 and 6, each of which is specific as to the type of work that is being carried out.
Do I need to serve a Line of Juncture Notice for a Basement Extension under section 1 of the Act?
Under section 1 of the Act any proposed Basement Extension that will extend beyond the footprint of the building owner’s property and/or up to a boundary line of an adjoining owners land/ property is notifiable under the Act. This type of Party Wall Notice must be served at least 1 month prior to the proposed commencement of the building works.
Do I need to serve a Party Structure Notice for a Basement Extension under section 3 of the Act?
Under section 3 of the Act notifiable works are any works that constitute the building of a structure that will necessitate the underpinning of party wall(s) and/ or a party wall requires to be cut into so as to insert a supporting beam. This type of Party Wall Notice must be served at least 2 months prior to the proposed commencement of the building works.
Do I need to serve an Adjacent Excavation Notice for a Basement Extension Under section 6 of the Act?
Under section 6 of the Party Wall etc. Act 1996, any works pertaining to the excavation of land to build foundations in order to erect a structure are considered notifiable works if the works being carried out involve the underpinning of Party Walls. That is to say, if a neighbouring property is within the distances as specified under section 6 of the Act, or, the property is detached but houses 2 or more apartments, the building of a basement extension is notifiable under the Act.
Under section 6 of the Act, a building owner that intends to carry out any works that include excavations that are within three meters of any part of the adjoining owners land or property and/or any works to construct foundations for a new building or structure that is within six meters of the adjoining owner’s land or property, where any part of the work will meet a line drawn downwards at 45 degrees in the direction of the excavation from the bottom of the adjoining owners foundations, must serve, at least one month prior to the commencement of such works, any affected adjoining owner with an ‘Adjacent Excavation Notice’. This is also known as a section 6 Notice. It should be noted that a building owner who intends to carry out section 6 works should also take into account serving an ‘Adjacent Excavation Notice’ on ‘Any Adjoining Owners’ whose buildings and/or structures are within the above stated statutory distance(s) but won’t be affected by the proposed works. This type of Party Wall Notice must be served on adjoining owners at least 1 month prior to the commencement of the proposed works.
Special Foundations
It is worth noting that consent from adjoining owners for special foundations may be required, this is particularly so for the building of Basement Extensions. Special Foundations are merely foundations that are reinforced with metal rods. They are often used in Basement Extensions as the underpinning can be narrower, thus creating a larger usable floor-space.
Icon Surveyors are happy to provide a free consultation to any building or adjoining owners who may be affected by the subject matter raised in this blog.
