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The Government is considering a proposed Subterranean Development Act. This will be additional legislation to control subterranean development, basements etc.  Until the Act is, or becomes, law it is just a proposal. It would seem to have come about due to the increasing number of basements being constructed and concerns arising from such developments.


The proposal is broadly in line with, and seem to link in with, the Party Wall etc Act 1996.  Notice will need to be served within a distance of 9 metres of other structures.


The Local Planning Authority will need to serve notice on all properties within 50 metres before granting planning consent for such developments.


A section will be included to ensure Council Tax revaluation takes place.


If owners fail to serve notice there will be a fine (level 5) or penalties; possibly up to 10% of the contract value of notifiable works.


Liability rests with the owner. It is proposed there will be a Code of Practise for such works.


Guidance is given on the Code of Practise in Schedule 1 of the Bill.


Building Owners’ responsibilities are set out in Schedule 2 of the Bill.



Note: * Information as at June 2012