Under the Party Wall etc. Act 1996, excavation (digging) work within six metres of any neighbouring buildings or structures gives rise to the need for a Party Wall Notice.
You will often hear party wall surveyors refer to the works that fall within the scope of the Act as “notifiable”. This term means that the building owner’s planned works require the adjoining owner to be formally notified via a Party Wall Notice before starting on site.
Known as a Notice of Adjacent Excavation or Section 6 Notice, the Act sets out that a Party Wall Notice is required if the building owner’s excavations are deeper than the foundations or footings of any neighbouring structure.
Section 6 applies when an owner intends to excavate within either three metres or six metres of any neighbouring structures. The three-metre rule applies if the excavations are within three metres and are deeper than the bottom of the neighbouring foundations.
The six-metre rule applies where excavation is planned within six metres and extends below the adjoining foundations when measured on a 45-degree line.
Once a Section 6 Notice is served, the adjoining owner can either consent or dissent. If they dissent, or do not respond within 14 days, a dispute is deemed to have arisen.
At that point, both parties must appoint party wall surveyors who will prepare a Party Wall Award. This document, commonly referred to as an agreement, sets out how the work should be carried out and details the necessary protections.
Some of the most typical Section 6 works include rear or side extensions, basement conversions, underpinning, or any other form of work involving excavation.
If you’ve been served with Section 6 Notice and require surveying advice, or are planning on completing construction works that are notifiable, we’re here to assist.
