BRE 365 (3)

30 Sep

Of great importance with sustainable urban drainage is not only its construction but its ongoing maintenance and repair.  It needs to be established by nearby property owners exactly who will be responsible for ongoing maintenance and repair and what the insurance situation is if properties are damaged if such maintenance and repair is not carried out in a timely manner.

Also be aware that if structures are not far from adjoining properties, it may be necessary for the landowner to enter into a party wall agreement at least 2 months before construction can be commenced.

The government guide to party walls (which are not necessarily  adjoining walls, is here

https://www.gov.uk/party-wall-etc-act-1996-guidance

Of relevance here is paragraph 27 of the above document

27 What does the Act say if I want to excavate near neighbouring buildings?

If you plan to:

  • excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations (see diagram 6); or
  • excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations (see diagram 7)

    you must inform the Adjoining Owner or owners by serving a notice – see paragraphs 7 and 8.

One Response to “BRE 365 (3)”

  1. Dan September 30, 2013 at 3:00 pm #

    My mum lives at KAW – the water from the field last year flooded her and four neighbours – total devastation on the ground floor. A car was actually washed down the drive and a garden shed collapsed. Total devastation. Will this drainage help? You are right to highlight this. The KAW action group needs to fund a lawyer to look into all this… And soon please!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: