Overview

This bill regulates subterranean development works (excavation and construction below ground level for new accommodation). It introduces a code of practice, requires notification to neighbors, and sets out procedures for resolving disputes, aiming to balance development with the protection of existing structures and the environment.

Description

The Subterranean Development Bill mandates that property owners seeking to undertake subterranean development works must submit a Subterranean Development Application (SD Application) to the local planning authority. This application must include all relevant information as per a code of practice (Schedule 1). The bill categorizes subterranean developments based on depth and footprint extension, requiring consultation with the Secretary of State for projects exceeding four meters in depth. The local planning authority must notify all properties within a 50-meter radius and, after approval, instruct a valuation of the property's increased value. The bill also requires a minimum one-month notice to adjoining owners (Subterranean Development Notice) detailing the works. If a dispute arises, it will be settled according to the Party Wall etc. Act 1996, involving independent surveyors. Works suspended for six months or more may necessitate permanent repairs or improvements by the building owner. The bill also addresses security for expenses, liability for damages, and the application of relevant sections of the Party Wall etc. Act 1996. It establishes building owner responsibilities (Schedule 2) including pre-commencement studies and monitoring.

Government Spending

The bill doesn't directly specify government spending figures. However, it will likely involve administrative costs for the local planning authorities in processing applications and overseeing the implementation of the code of practice. Additionally, there may be costs associated with consultations with the Secretary of State for larger projects. The cost of valuations will be borne by building owners.

Groups Affected

• Property Owners: Those undertaking subterranean developments will face new application processes, notification requirements, potential costs associated with disputes, and increased Council Tax.
• Adjoining Owners: May experience disruption during the works and have the right to dispute works that may affect their property. They will be given notice of the project and have the right to be protected against any potential issues resulting from the excavation works.
• Local Planning Authorities: Will have increased responsibilities in processing applications, overseeing compliance, and resolving disputes.
• Surveyors: May be appointed to resolve disputes and determine costs and damages.
• HM Revenue & Customs Valuation Service: Will be tasked with determining the increased value of properties after subterranean development works.

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