Legal Q&A: Should we buy our dream townhouse if the neighbours are planning an "iceberg basement"?

Should we be concerned about buying a property if the neighbours are about to start on a huge basement extension?
Merrily Harpur
Fiona McNulty13 July 2017

Question: We have found a lovely townhouse we’d like to buy in a beautiful square. However, a friend who lives nearby says the neighbour next door to the place we’ve got our eye on is planning a basement conversion, so we might like to think again.

We have heard about “iceberg homes” but feel that the extension is unlikely to be huge as the houses are not particularly large, and we doubt the work would have much impact on us. Is there anything you feel we should be concerned about?

Answer: The construction of a basement can sometimes result in cracking and/or shifting of foundations, which can affect neighbouring property.

Another consideration is that, during construction, the removal of soil and rubble — often by conveyor belt from basement to a skip on the pavement — may be noisy and dusty, and some may consider such activity to be a hazardous and annoying obstruction of the public highway.

Establish the current position regarding the neighbour’s plan to convert the basement. For example, have planning and building regulations consents been granted? And has notice been given under the Party Wall Etc Act? Can the seller provide copies of the neighbour’s plans and the building surveyor’s and structural engineer’s reports, and will a reputable company be carrying out the works? There may be restrictive covenants and estate schemes restricting the neighbour’s ability to undertake works.

Of course, people who build a basement extension can be considerate to their neighbours, but don’t underestimate the major work involved in a project like this.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here.