Party Wall Act 1996 – Party Wall Services in London by RICS Modrics Chartered Surveyors

Section 6 – Excavating and Notices

Section 6 of the Party Wall Act 1996 specifically addresses adjacent excavation and construction activities in the UK. This provision comes into play when a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner. It is essential for property owners to have a thorough understanding of their rights and obligations under this Act, as this will help to prevent delays, additional costs, and potential damage to the adjoining owner’s property, such as the external wall or the foundations of the building.

What’s Covered by the Act?

Section 6 of the Party Wall etc. Act 1996 covers excavations near party walls and structures. These include:

– Excavations within 3 meters of any part of a building or structure of an adjoining owner, with the bottom of the new foundations extending deeper than the existing foundations.

– Excavations within 6 meters of a neighbouring structure, measured horizontally, where the proposed excavation intersects a plane drawn downwards at a 45° angle from the bottom of the existing foundations.

When is the Act Not Applicable?

The Act does not apply to garden walls, fences, or other structures not classified as party walls or party fence walls.

Party Wall Notice Period Requirements and Procedures

When to Serve Notice

A building owner proposing excavations covered by the Act must serve a notice to the adjoining owner(s) at least one month before commencing work. This notice period allows the parties to discuss and agree on the proposed excavations or appoint a surveyor if they cannot reach an agreement.

What the Notice Must Include

The notice must contain:

1. The name and address of the building owner

2. A description of the proposed excavation work

3. The date the work is planned to begin

4. A statement that the notice is served under Section 6 of the Party Wall etc. Act 1996

How to Serve the Notice

The building owner can serve the notice by delivering it personally or sending it via post. The adjoining owner has 14 days to respond with either consent or a counter-notice.

In conclusion, navigating the Party Wall Act Section 6 can be a complex process, but understanding its key aspects and procedures is crucial to ensure a smooth and legally compliant excavation project. By serving a valid notice and engaging in open communication with adjoining owners, building owners can minimize disputes and ensure that their excavation work proceeds as planned Modrics Chartered Surveyors can provide valuable assistance to clients with inquiries concerning Section 6 of the Party Wall Act 1996.

By offering expert advice and guidance on the legal aspects of excavating and constructing close to an external wall or the foundations of a building, they can help clients ensure their projects proceed safely and in compliance with relevant regulations. Additionally, Modrics Chartered Surveyors can provide support on matters related to strengthening or safeguarding the foundations of neighboring properties during construction works, further ensuring that clients adhere to the requirements of the Act.

At Modrics Chartered Surveyors, we’re a team of independent and impartial London-based RICS surveyors that can carry out party wall matters. If you have any questions or need advice, don’t hesitate to call us on 0208 087 2051. Our team is here to assist you with any concerns or inquiries you may have regarding Section 6 of the Party Wall Act and its implications for your excavation project.

Get in touch

    Contact us today to find out more about our services or get some advice.