Section 6 of the Party Wall Act 1996 – Your Complete Guide to Excavation Notices
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Service Summary
This service provides a complete overview of Section 6 of the Party Wall Act 1996, which governs excavations near neighbouring boundaries. Key objectives include understanding the 3-metre and 6-metre rules that trigger the Act, determining the need for and correctly serving a formal notice, and navigating the dispute process to obtain a legally-binding Party Wall Award.
Objectives
- Assess excavation depth and distance against legal triggers.
- Serve formal, compliant notice to all affected neighbours.
- Obtain written consent or a Party Wall Award.
- Prevent damage and avoid legal disputes.
Tools & Methods Used
- Site investigation (e.g., trial pits, radar).
- Legal notice documentation and proof of service.
- The Party Wall Award.
- Appointment of a surveyor.
Your Complete Guide to Excavation Notices
Planning excavation work near your neighbour’s property? Section 6 of the Party Wall Act 1996 could apply to your project. This vital legislation protects both the Building Owner and the Adjoining Owner whenever excavation risks affect neighbouring structures or foundations.
Failing to comply with Section 6 can result in costly delays, disputes, and even injunctions. Whether you’re digging foundations for an extension, creating a basement, or building a swimming pool, understanding your obligations is critical. A qualified Party Wall Surveyor in London ensures that your project remains compliant and legally secure.
What is Section 6 of the Party Wall Act?
Unlike Sections 1 and 2 (which deal with works on or to party walls), Section 6 governs excavations within defined distances of adjoining properties.
Section 6 applies in two scenarios:
Section 6(1) – The 3-Metre Rule
Excavations within 3 metres of a neighbouring property that go deeper than its foundations.
Section 6(2) – The 6-Metre Rule
Excavations within 6 metres of a neighbouring property that go deeper than a line drawn at 45 degrees from the base of its foundations.
These rules ensure that deeper groundworks , even if slightly further away , do not undermine the structural integrity of adjoining buildings.
When Do You Need to Serve a Section 6 Notice?
Serving a Section 6 Notice is required if your works fall within the parameters above.
Common examples include:
Basement conversions
often require excavation notices due to depth and proximity to neighbouring homes.
Single and two-storey extensions
if deeper foundations are needed within three metres of a boundary.
Swimming pools and garden rooms
where ground excavation is near existing structures.
Underpinning works
due to their depth and potential to affect ground stability.
In London’s urban areas, where homes are tightly packed, Section 6 is particularly common.
Determining Foundation Depths
One of the greatest challenges under Section 6 is establishing the depth of neighbouring foundations. Assumptions are dangerous — and non-compliance can trigger disputes.
Methods include:
- Consulting local authority building control records
- Engaging a structural engineer for assessment
- Undertaking trial holes (with consent)
- Referring to historical records or previous developments nearby
If in doubt, it is safer to assume shallow foundations and serve notices accordingly. This protects against future liability and builds trust with neighbours.
The Section 6 Notice Process
The law requires strict compliance when serving excavation notices. The process is as follows:
Step 1: Prepare the Notice
Your notice must contain:
- Consulting local authority building control records
- Engaging a structural engineer for assessment
- Undertaking trial holes (with consent)
- Referring to historical records or previous developments nearby
Step 2: Serve the Notice
Serve notices on all adjoining owners who could be affected. Valid service methods include:
- Hand delivery
- Recorded delivery post
- Leaving it at the property if the owner cannot be reached
Keep evidence of service for legal protection.
Step 3: Await Response
Adjoining owners have 14 days to respond. They may:
- Consent (allowing work to proceed with agreed safeguards)
- Dissent or fail to respond (triggering the dispute resolution process)
Step 4: Dispute Resolution
If dissent occurs, surveyors are appointed, and a Party Wall Award is issued to regulate the works.
Rights and Obligations Under Section 6
Both parties have enforceable rights and duties.
Building Owner Rights
- To carry out lawful excavation works once notices and procedures are followed.
- To enter adjoining land (with notice) for protective works if necessary.
Adjoining Owner Rights
- To receive proper notice before works commence.
- To have their property protected through the Party Wall Agreement process.
- To claim compensation for any damage caused by excavation.
Mutual Obligations
Both Building and Adjoining Owners must act reasonably:
- Building Owners must minimise disruption.
- Adjoining Owners should not unreasonably withhold consent.
Common Section 6 Mistakes to Avoid
Even experienced developers can fall foul of Section 6 requirements.
Avoid:
- Inadequate investigation of neighbouring foundation depths.
- Incomplete notices lacking legal details.
- Poor timing — remember, works cannot begin until two months after notice.
- Ignoring multiple neighbours — you may need to serve more than one notice.
- Assuming silence means consent — legally, silence equals dissent.
Working with Party Wall Surveyors
If disputes arise, Party Wall Surveyors in London step in to resolve matters impartially.
Surveyor Appointment
- A single agreed surveyor may act for both parties.
- Alternatively, each party may appoint their own surveyor.
Surveyor Duties
Surveyors will:
- Review excavation methods and impact risks.
- Recommend protective measures and monitoring.
- Set access terms and working hours.
- Establish compensation provisions.
The Party Wall Award
This legally binding document regulates:
- How works may proceed
- Protective measures required
- Monitoring arrangements
- Compensation and dispute resolution
Taking Action – Your Next Steps
If you are planning works, compliance with Section 6 of the Party Wall Act is not optional. Acting early can save significant time and money.
- Engage a Party Wall Surveyor to review your excavation plans.
- Serve notices at least three months before your intended start date.
- Build in contingency for potential disputes.
- Protect your relationship with neighbours through transparent communication.
Need Help?
Our experienced team of Party Wall Surveyors in London provide affordable Party Wall services, ensuring your project remains compliant, neighbourly, and on schedule.
Frequently Asked Questions (FAQ)
What is Section 6 of the Party Wall Act?
Section 6 covers excavation works within three or six metres of a neighbouring property where the depth could affect its foundations.
Do I always need to serve a Section 6 notice?
Yes, if your excavation is within the distance and depth thresholds. If unsure, it is safer to serve notice.
Who pays for Party Wall Surveyors under Section 6?
In most cases, the Building Owner pays for both their own surveyor and the Adjoining Owner’s surveyor.
What happens if I do not serve a Section 6 notice?
You risk injunctions, project delays, and legal liability for damages.
How can a Party Wall Surveyor help me?
They ensure notices are valid, disputes are resolved impartially, and a legally binding Party Wall Agreement is issued to protect both parties.
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