Overview

This bill aims to regulate subterranean development works (building underground) in the UK. It introduces a code of practice, requires notification to neighbours, and sets out procedures for resolving disputes that may arise during such projects.

Description

The Subterranean Development Bill establishes a framework for regulating construction projects below ground level. Key aspects include:

• Application Process: Property owners must submit a Subterranean Development Application (SD Application) to the local planning authority, providing all relevant information as per a code of practice. Notice must be served on neighbouring properties within a 9-metre radius.
• Approval Stages: Applications are categorized based on depth and footprint. Developments extending more than four meters require consultation with the Secretary of State. Upon approval, the local planning authority will determine a timescale for commencement and instruct a valuation of the increased property value.
• Neighbour Notification and Dispute Resolution: At least one month's notice must be given to adjoining owners. Disputes are settled via independent surveyors appointed in accordance with the Party Wall etc. Act 1996.
• Work Suspension and Access: If works are suspended for six months or more, adjoining owners can require the building owner to complete specific works (weatherproofing, underpinning etc.). Disputes are resolved as described above, potentially granting access to the building owner's property.
• Security for Expenses: Security for expenses, determined by surveyors, aims to protect adjoining owners from potential damage or incomplete works.
• Liability: Liability for any damage remains with the land/building owner. This liability may be registered against the property.
• Code of Practice: The Secretary of State will approve and amend a code of practice covering various aspects, from ground stability to environmental protection.
• Building Owner Responsibilities: Building owners have extensive responsibilities, including conducting ground investigations, providing detailed specifications, and establishing a monitoring regime.
• Council Tax: Upon completion, the added value from the development will be assessed, leading to Council Tax re-banding.
• Party Wall Act 1996: Relevant sections of the Party Wall Act 1996 apply to subterranean development works unless specified otherwise in this bill.

Government Spending

The bill doesn't directly specify new government spending figures. However, there will be administrative costs associated with processing applications and overseeing dispute resolution, potentially impacting local authorities' budgets. Costs for valuations of increased property values are passed on to the building owner.

Groups Affected

• Property Owners: Those undertaking subterranean development will face new regulations, application processes, and potential costs for neighborly disputes and valuations.
• Adjoining Owners: Will have greater protection against damage and disruption from nearby subterranean works, including rights to dispute resolution and compensation.
• Local Planning Authorities: Will have increased administrative responsibilities in processing SD Applications and managing disputes.
• Surveyors: Independent surveyors will play a crucial role in resolving disputes, potentially leading to increased demand for their services.
• HM Revenue & Customs Valuation Service: Will be responsible for valuing completed subterranean developments for Council Tax purposes.

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