Boundary Set Backs and Underpinning when too close

Following from the recent notice to a neighbor of works protruding into his property “Underpinning”

Here are the ResCode guide, and the boundary in question, as well as the council’s response to our three questions – which itself will have to be clarified…

1. Does a developer have any right to insist access a neighbour’s property during building works?

2. If the Neighbour wants some advice to explain the documents, can the Council help explain, and if so who?

3. Is the council party to these documents?

Back ground: The plans below show how the Building on the left is right on the boundary. It needs to dig 2 levels of car park, and so support from neighbors property is to be installed during building, then later released.

Curlew5-7 west boundary

The builder has advised there will be a series of anchors “Pilings” bored into the neighbors property, under his driveway.

 There is no setback from the side fence at this point, and so no where to anchor within the build site.  For overview of Setback requirements in most residential areas : Rescode re setbacks

Council have provided the following guidence, no all clear we will have to follow up further.

Planning Dept advised : Don’t believe the Construction Management Plan has been formally submitted yet, think that  works maybe just preliminary testing.
the Developer told us today it is part of the construction , so it is definately not prelim testing

Council’s response to the questions below,

1. Does a developer have any right to insist access a neighbour’s property during building works?
The process detailed below applies. The adjoining neighbour has appear rights if disagrees with the Relevant Building Surveyors determination.

2. If the Neighbour wants some advice to explain the documents, can the Council help explain, and if so who?
The neighbour needs to discuss the proposed protection works with the Relevant Building Surveyor detailed on the Form 3. Council has not jurisdiction over a project where a Private Building Surveyor has been appointed to issue the building permit.
 
3. Is the council party to these documents?
 No, as detailed in item 2 below

The query below appears to relate to a Protection work Notice of an adjoining property.
Council does not at this stage have a record of a Building Permit or an appointment of a Private Building Surveyor.

Under the Building Act protection work means—
(a) permanent or temporary work of—
(i) underpinning, including the provision of vertical support, lateral support, protection against variation in earth pressures, provision of ground anchors and other support for adjoining property; or
(ii) shoring up of adjoining property; or
(iii) overhead protection for adjoining property; or
(iv) other work designed to maintain the stability of adjoining property or to protect adjoining property from damage from building work; or
(b) any work or use of equipment necessary for the provision, maintenance and removal
of work referred to in paragraph (a)—
whether or not the work or equipment is carried out or used on, over, under or in the air space
above the land on which the building work is or is to be carried out or the adjoining property;

The process is detailed in Building Regulation 602 below: –

602. Protection of adjoining property
(1) Protection work must be provided in respect of an adjoining property, before and during the carrying out of any building work, if required by the relevant building surveyor.
(2) The notice required to be served by the owner on the adjoining owner by section 84 of the Act may be in accordance with Form 3 and must be accompanied by 3 copies of the notice required to be given by the adjoining owner to the owner under section 85 of the Act.
(3) For the purposes of section 84(2) of the Act—
(a) the prescribed details of the proposed building work are the relevant details set out in Form 3
(other than the notes); and
(b) the prescribed details of the proposed protection work are the relevant details set out in Form 3
(other than the notes); and
(c) the other prescribed information is any information set out in Form 3 (other than the notes) that is not a prescribed detail under paragraph (a) or (b).
(4) The notice required to be given by the adjoining owner to the owner under section 85 of the Act agreeing or disagreeing to the proposed protection work or requiring more information may be in accordance with Form 4.
(5) The prescribed information to be contained in a notice under section 85 of the Act is the information set out in Form 4 (other than the notes).
(6) A written notice of determination by the relevant building surveyor under section 87 of the Act must include—
(a) a statement informing the recipient of the notice of any right of appeal to the Building Appeals Board under section 141 of the Act; and
(b) the prescribed appeal period under regulation 1601 that applies in respect of that right of appeal.

Adjoining owner must respond to notice
(1) The adjoining owner, not later than 14 days after service on the adjoining owner of the notice of
proposed building work, must—
(a) give to the owner a notice agreeing to the proposed protection work; or
(b) give to the owner and the relevant building surveyor a notice—
(i) disagreeing with the proposed protection work; or
(ii) requiring more information to be given to enable the proposal to be considered by the relevant building surveyor.

 

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