Party Wall Schedule of Condition
Swanage, Dorset BH19
(Dorset Council)
Close to Studland and Corfe Castle. Within the catchment of our Poole office.
Background: The works required excavation for foundations within 3 m of the adjoining owner's property and below the level of the adjoining owner's foundations.
We were appointed by the building owner. The adjoining owner 'consented' to the works requiring only that a Schedule of Condition be prepared of his property.
There was one adjoining owner to the works.
The works involved demolishing an existing house and rebuilding it on a longer footprint. The proposed foundation excavations were within 3 m of the adjoining owner's rear extension (pictured). The main thing that needed to be established was whether the proposed foundations would be deeper than the adjoining owner's foundations because only then would the Party Wall procedure come into play.
Considering that the location of the houses is on a hill and the Building Owner's land is lower by about 70 cm than the Adjoining Owner's land, it became apparent that the foundations would indeed be below the level of the Adjoining Owner's rear extension. I served Notice on behalf of the Building Owner and undertook a written and photographic Schedule of Condition, copies of which was provided to both neighbours.
Conclusion:
The Adjoining Owner consented to the works because the two neighbours were on amicable terms . The main concern of the Adjoining Owner was that the works could cause damage and that issue was adequately addressed by the preparation of a Schedule of Condition which recorded the condition of the property prior to the works commencing.