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Party Wall Act Section 6 - Adjacent Excavation and Construction Notice 

If an owner wants to excavate within 3m of a building or structure on the adjoining owner's land, which includes such things as a garden wall for example, or even a shared party fence wall, and the bottom of the excavation will be below the bottom of the foundation of the adjoining building 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. 
 
Excavations close to buildings and structures can undermine the foundations and cause damage, or in the worst case, collapse. The nearer an excavation is to a building or structure, the greater the risk generally. 
 
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 a section 6 notice, you have 14 days from the date the notice was served to act on it by consenting in writing or indicating you do not intend to consent. 
 
 
 
 
I cannot praise this gentleman enough for his professional conduct empathy and reassurance Richard has shown us through this very stressful time in the process of the party wall act procedure. It has now finally come to a very happy ending for our family. To a true professional Thank you so much. 
 
Philomena Brophy- Extension & piling works, Rochdale- June 2023 
 
 
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To safeguard your property or for advice about serving notice call now: 
Richard G Johnson MFPWS ACIOB Dip Eng Law (Open) on 07740 257414 or 0333 577 3050 

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