Party Wall Act Section 6 - Adjacent Excavation and Construction Notice
If an owner wants to excavate within 3m of an adjoining property or structure on the adjoining owner's land which includes such things as a garden wall that they own or even share with an adjoining owner and the bottom of the excavation will be below the bottom of the foundation of the adjoining property or structure, then under the Party Wall etc. Act 1996 the person excavating must serve a section 6 - ‘Excavation and Construction’ Notice.
There are two specified distances contained in the Party Wall etc. Act 1996, 3 metres and 6 metres. Most domestic work will come within the 3m rule although deeper excavations such as those necessary for basements or piling that are between 3m and 6m may also trigger the requirement to serve notice.
A Section 6 Excavation Notice must be accompanied by plans and sections showing the site and the depth of any excavation you propose and the site of any proposed structure.
In all cases a Section 6 Excavation and Construction Notice must be served at least one month before the start of the intended work.
It is important to seek advice at an early stage from an experienced party wall surveyor to determine if your works come under either the 3m or 6m rule of section 6 of the Party Wall etc. Act 1996.
If you have been served with any of the above notices you have 14 days from the date the notice was served to act on it by either agreeing, dissenting or serving a counter notice.
To safeguard your property or for advice about serving notice call now: