National Party Wall Surveyors
If your excavation is within 3 metres of their building or structure. And deeper than the foundation’s bottom. You’ll need to serve a Section 6. ‘Excavation and Construction’ Notice under the Party Wall etc. Act 1996. This applies to garden walls or shared party fence walls.
Key Distances and Rules:
Serving a Section 6 Notice:
Include detailed plans showing the site, depth, and new structures.
Serve this at least a month before work kicks off.
Excavation Risks:
Digging near structures can threaten foundations, risking damage. Closer digs mean higher risks. If your work might impact your neighbour’s property, outline protection plans in your notice.
Get Professional Advice:
Not sure about excavation and construction? Consult an expert before serving notice.
Responding to a Section 6 Notice:
Received a Section 6 Notice? You’ve got 14 days to agree. If not, appoint surveyors to sort it out.
Section 6 of the Party Wall etc. Act 1996 governs situations where building work involves excavation or changes in the foundations near the property of an adjoining owner. It is essential for property owners planning construction projects to understand this section, as it outlines the legal obligations and processes to avoid disputes over the structure of an adjoining owner’s property. There are different sections of the act. If you are looking to add a new wall or work near an external wall or along a boundary line you need to speak to the different owners.
Section 6 primarily deals with excavation work and the construction of new foundations that may affect adjoining properties. For example, if you plan to dig deeper foundations for an extension or create a basement at a lower level, any such work within three metres of an adjoining owner’s property could fall under this section. If you are planning work near foundations of the building this is covered by the party wall etc act. It also applies when the depth of the proposed excavation surpasses the bottom of the foundations of the neighbouring owner’s building.
Before starting excavation work, a building owner must serve a party wall notice under the requirements of the Act. This notice, often referred to as a metre notice or an adjacent excavation notice, should include details, such as the address of the building owner, particulars of the work, and the planned starting date. Where the line of junction lies between properties, an additional line of junction notice may also be required. These notices must be served correctly to meet the legal standards, ensuring the adjoining owner is informed well in advance. Standard practice dictates a minimum notice period, giving the adjoining owner time to respond.
If the neighbouring owner consents to the proposed work, it can proceed. However, if they issue a counter notice or disagree, the matter becomes a party wall matter requiring resolution.
When disputes arise, both parties can appoint a surveyor—an expert in party wall matters—to draw up a party wall award. This document establishes how work will proceed without undermining the adjoining owner’s property. If the surveyors disagree, a third surveyor can be appointed. Additionally, a structural survey and a schedule of condition may be necessary to record the structure of the adjoining owner’s property before construction begins.
Failure to follow the requirements of the Act, such as serving the correct notices, can result in legal redress. The adjoining owner may apply for a county court injunction to halt work or take legal action for damages. Planning work in accordance with the Act helps avoid such disputes, providing a clear framework for both parties.
For Northern Ireland and other parts of the UK, seeking expert advice ensures compliance with this important section of the Act.
Early advice helps identify if your project falls under the 3-metre or 6-metre rule and assesses safeguarding needs for your neighbour’s foundation.
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