A large number of my Party Wall works relates to ‘building on or against' the Line of Junction (Boundary Line). This normally involves a building owner building an extension on the boundary line adjoining the neighbouring property. This requires a building notice to be served on the adjoining owner or owners under section one of the Party Wall etc Act 1996 (PWA).
If the extension is built away from the Line of Junction, let’s say by more than 50mm, then this would just require what is commonly known as a 3-meter or 6-meter notice. This would deal with the excavation works for the foundation.
You should know that building on the Line of Junction also gives the building owner rights of access to the neighbouring property to erect scaffolding and to build the wall from the neighbour’s side.
Section one of the PWA permits the neighbour to place projecting footings and foundations below the level of the land of the neighbour where necessary for the construction of the wall. However, this must be ‘necessary’. I always state in my Awards that the foundations must be ‘eccentric’ foundations instead of ‘concentric’ foundations. I find that most architects are now becoming aware of the difficulties that concentric foundations can cause and are designing their foundations as eccentric foundations.
Sometimes issues can arise even with eccentric foundations. This is when there is concrete ‘overspill’ and the adjoining owner may want to build their own extension against the new boundary wall. More often than not, builders can be quite casual with casting the outer face of the eccentric foundations!
Please note that the wall built on or against the line of junction is on the building owners’ property and belongs totally to him. You have no right to make use of this wall (unlike the position that would apply if it was a ‘party wall’ build astride the line of junction i.e. straddling both properties. You can build right up against this wall but you cannot tie your wall into the building owner’s wall. It’s his property!
So, let’s say further down the line you want to build your own extension against this wall and you find that the eccentric concrete foundations have overspilled under your property just where you need to put your own foundations in. You have the right under the PWA to cut back the foundations encroaching onto your property BUT but you must ensure the foundation doesn't become unstable.
You cannot claim back the cost of cutting back the foundations. There's no mechanism to award those costs against the building owner. These can be extensive depending on the size of the extension.
However, If there are problems with cutting away the projecting foundations then one possible solution would be to use Haunched Foundations. These should be connected to the existing foundations by using say 20mm diameter steel dowel’s before casting the new foundations. Of course, you would have to serve notice under section (3) & section (5) of the PWA. The Haunched foundation details don’t really work (in terms of reducing the pressure beneath the neighbour’s foundation) unless the foundations are connected with dowels.
If the original building owner who undertook the works has sold up and moved on, the obligations under an award still remains with the original building owner. Technically you could pursue them for nuisance and negligence if you can show that it’s their fault that the trespass has occurred as they hadn't followed the details in the award and the method statement contained in the Award. If you know who the party wall surveyors were, then you could approach them.
If you have the patience and the tenacity you could also track down the builder who did the works and prove that they deviated from the specification. The limitation period would start when the trespass is discovered.
So, if you discover that there are issues with the location or size of the eccentric foundations, the most important thing is to raise this issue immediately that you become aware of it. If you allow the neighbours to continue to build, the law may consider that you have acquiesced in the work.
Usually there will be a protective barrier shielding the build on Health and Safety grounds so you may not be aware of any issues. You could ask your party wall surveyor or the agreed surveyor (if you have appointed one) to visit and inspect the foundations before they are poured. You could also ask your neighbour for permission to inspect the foundations yourself, before the foundations are poured. This could be agreed in advance of the works.
Section seven of the PWA states that no deviation shall be made from the plans, sections and particulars, except such as may be agreed between the owners or surveyors on their behalf. If this issue is raised early on, it should be possible to require the building owner to rebuild on the proper line and prevent the concrete overspill.
Preventative action is the best course of action.
Please bear in mind that this only applies to modern foundations. If the foundations are older pre-existing foundations near a boundary line and if the projecting footing is carefully cut away where it projects over the boundary line, then the remaining neighbour’s foundation would become eccentrically loaded, ie not down the middle line as before. That has the effect of altering the stresses in the foundation and the soil underneath and increases the pressure on the soil and the wall can rotate causing structural damage.
Comments