Section 6 excavation tests, underpinning, special foundations, security for expenses and section 11(11) payments.
They can require enough technical information to determine a matter that is genuinely in dispute and within their jurisdiction. There is no automatic statutory entitlement to every calculation or method statement simply because a surveyor asks for it.
Section 12(1) is framed as a requirement for security before the building owner begins the relevant work. A request made after commencement raises a real timing problem, although the position may depend on whether further distinct statutory work has yet to begin. Obtain advice promptly rather than assume the right can be exercised retrospectively.
There is no general statutory right to demand later removal merely because special foundations were consented to. The consent terms matter, and section 11(10) instead provides a reimbursement mechanism if those foundations later increase the adjoining owner's building costs in the circumstances specified by the Act.
Ordinary projecting footings and foundations can be permitted by section 1(6) where they are necessary for a wall built wholly on the building owner's land after the statutory procedure. Special foundations are different and cannot be placed on adjoining land without previous written consent.
Yes. Section 6(9) provides that, on completion of work executed under section 6, the building owner must, if requested by the adjoining owner, supply particulars including plans and sections of the work.
Yes. Section 7(4) is explicit: the Act does not authorise a building owner to place special foundations on the adjoining owner's land without that owner's previous written consent.
There is no automatic statutory right to a standard monitoring package. Monitoring can be agreed or included in an award where it is reasonably necessary to manage a genuine risk or determine compliance with the statutory works, but the need and extent should be justified by the project.
Yes, where section 6 applies and the measure is necessary. Section 6(3) says the building owner may, and if required by the adjoining owner shall, at the building owner's expense underpin or otherwise strengthen or safeguard the adjoining foundations so far as necessary.
Only in the circumstances set out in section 12(2), not as a general reciprocal right. Broadly, it can arise where the adjoining owner requires work for which they must pay in whole or part, or where the adjoining owner has themselves required security under section 12(1).
Piles are not automatically notifiable simply because they are piles. Test the excavation and foundation design against section 6's 3-metre and 6-metre depth tests and consider any separate section 1 or section 2 work. The actual geometry and foundation levels decide the issue.
Being within 3 metres is only the first part of the test. Section 6(1) applies where the proposed excavation or foundations are within 3 metres of the adjoining building or structure and extend lower than the bottom of its foundations.
The 6-metre rule is a geometric depth test, not simply a wider 3-metre zone. Section 6(2) applies where the proposed excavation or structure falls within 6 metres and meets the statutory 45-degree plane drawn from the bottom of the adjoining foundations.
Section 11(11) uses the cost of the relevant work at the time the adjoining owner makes subsequent use of it, not necessarily the historic invoice. The adjoining owner pays the due proportion attributable to the use made, so the extent of enclosure and current equivalent construction cost matter.
That can be a material change. Compare the pile design with the foundations described in the notice and any award, re-check the section 6 geometry and identify whether revised plans, a fresh notice, agreement or a further award are required before the changed work proceeds.
An adjoining owner may require security under section 12(1) before the building owner begins work in exercise of rights conferred by the Act. The amount and form are agreed between the owners or, if disputed, determined under section 10; it is a protection against relevant expense, not an automatic fixed sum.
First identify what crossed the boundary. Section 1 can authorise necessary ordinary projecting footings/foundations in the specific circumstances of a new wall built wholly on the building owner's land, but special foundations require previous written consent and other encroachment may be a trespass issue outside the Act.
It is a contribution due when an adjoining owner later makes use of work that was originally carried out solely at the building owner's expense. Section 11(11) requires payment of a due proportion calculated by reference to what the work would cost when that subsequent use is made.