EXPERT Subsidence · Further Knowledge · E3 of 6
Building Regulations
Required since 1986 for any structural alterations, including underpinning. Rebuilds must comply with current standards (stability, insulation, electrical).
Tree Preservation (England) Regulations 2012 — "the 2012 Regulations"
In force from 6 April 2012. All pre-2012 TPOs no longer effective from that date.
| Stage | Time | Detail |
|---|---|---|
| LPA serves TPO | — | Copy + reasons + objection deadline (min 28 days) |
| LPA confirms TPO | ≤ 6 months | Or it lapses |
| Application for consent to fell/prune | ≤ 8 weeks | No reply = refusal |
| Appeal to Secretary of State | ≤ 28 days | Via Local Government Office |
| Compensation claim under reg 24 | ≤ 12 months | From refusal, to LPA |
| Refer to Upper Tribunal Lands Chamber | ≤ 6 years | If LPA disputes compensation |
Penalties for cutting/destroying a TPO tree:
- Magistrates' Court: up to £20,000
- Crown Court: unlimited
- Lesser offences: up to £2,500
Conservation Area trees not under TPO: 6 weeks notice to LPA under s.211 Planning (Listed Buildings & CA) Act 1990.
Highways Act 1980
- s.141 — no tree to be planted within 15 ft of made-up carriageway centre (some exemptions: dual-carriageway central reserves under s.64, grass verges s.96, with consent s.142)
- s.96(7)(8) — home-owner may recover compensation for damage caused by Highway trees
CDM Regulations
The Construction (Design and Management) Regulations apply when the client is the insurance company (e.g. panel/Approved Contractors). Form F10 notification to HSE for projects above thresholds.
Recorded client fines for non-compliance: £40,000 to £195,000.
Party Wall etc Act 1996
In force 1 July 1997. Applies to:
- Work on existing party wall
- Building on the boundary
- Excavation near a neighbouring building
Definitions:
- Party wall — stands on land of two owners by more than its footings, OR encloses buildings of different owners
- Party structure — floor partitions / structures separating buildings approached by separate stairs/entrances
- Party fence wall — not part of a building, straddles boundary, separates lands (e.g. brick garden wall — NOT wooden fence)
Process: Notice to neighbour (name, address, work, start date) → Adjoining Owner has 14 days to respond (silence = dispute) → Surveyor as arbitrator (ideally one Agreed Surveyor) → outcome in an Award. Building Owner pays the Adjoining Owner's surveyor + structural engineer fees.
Access to Neighbouring Land Act 1992
For essential repairs including "basic preservation works" when access is impossible / substantially harder without entry. Maintenance, repair, hedge/tree work, ditch clearance covered.
Source: Subsidence Handbook 4th Edition, Chapter 10 — Legislation.