Can a Neighbour dig foundations on my land?

BASEMENTS AND UNDERPINNING If your neighbour is planning to construct a basement or excavate close to the side of your property, then your neighbour is entitled to underpin or otherwise safeguard the foundations of your building, and then has a right to put new foundations (underpinning) on your land.

peterbarry.co.uk - Can my neighbour build on my land? - Peter Barry Surveyors

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If your neighbour is proposing building works that fall under the remit of the Party Wall Act 1996, there is a clear legal process to be followed to protect the interests of both the Building Owner and the Adjoining Owner(s). However, this is a complex piece of legislation that can raise a lot of questions, many of which we have tried to address in our FAQ section. When it comes to finding out whether your neighbour is permitted to build on your land, the answer is not always clear. In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. Let’s look at a few scenarios.

GROUND FLOOR EXTENSION

If your neighbour is proposing a ground floor extension, you can give consent for them to build a new party wall and foundations on your land. An existing boundary wall built on the land of both properties can be taken down and rebuilt as a new party wall, such as when your neighbour is constructing an extension. The foundation of your neighbour’s ground floor extension can be constructed on your land if necessary. However, in practice, it is very rarely necessary for a foundation to be built over the boundary. The foundation for a single-storey or two-storey extension or new building does not normally need to project beyond the boundary. There is no right for your neighbour to put a reinforced concrete foundation on your land without your permission.

LOFT EXTENSION

If your neighbours are planning to construct a loft extension, then they have the right to increase the height of the party wall. The party wall is effectively in shared ownership rather than half the wall belonging to one property and half to the other. Under party wall legislation, the person carrying out the work can raise the full width of the party wall. If your neighbours are considering a basement project, they have the right to underpin the party wall and in this case, can place the underpinning on your land. This may be subject to some restrictions, particularly if reinforced concrete is used. If your neighbour is planning to construct a basement or excavate close to the side of your property, then your neighbour is entitled to underpin or otherwise safeguard the foundations of your building, and then has a right to put new foundations (underpinning) on your land. This scenario, however, is a rare occurrence. There is no right for your neighbour to put a reinforced concrete foundation on your land without your permission. If you are an Adjoining Owner concerned about proposals that your neighbours may have, or you are the Building Owner wanting to obtain clarity about how your proposals might affect your neighbours, we would always recommend that you take specialist advice. Peter Barry Surveyors are leading party wall surveyors in London and would be delighted to be of service. Please don’t hesitate to get in touch with our expert team.

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