Section 6 of the Party Wall etc. Act 1996 covers excavations close to adjoining buildings or structures. Its purpose is to protect neighbouring properties from damage due to construction work, ensuring that any excavation is carried out safely and legally.
When Section 6 Applies
You must serve a Party Wall Notice under Section 6 if your excavation work falls within either of these criteria:
- Within 3 meters of a neighbouring building and deeper than the existing foundation.
- Within 6 meters of a neighbouring building, where a 45-degree line drawn downwards from the bottom of the neighbour’s foundations intersects the planned excavation.
These rules are designed to prevent damage to adjoining structures during foundation digging, basement works, or deep trenching.
Notice Requirements
If your project meets the Section 6 criteria:
- A written notice must be served to the adjoining owner at least one month before work begins.
- The notice should include:
- The depth of the excavation.
- The method of excavation.
- Whether piled foundations or other specialized techniques are involved.
The adjoining owner then has 14 days to respond. Their options are:
- Consent – allowing the work to proceed as planned.
- Dissent – triggering the appointment of a Party Wall Surveyor and the creation of a Party Wall Award.
What Happens if the Adjoining Owner Dissents?
If the neighbour does not agree, or does not respond within 14 days:
- Surveyors must be appointed (one for each party, or a single Agreed Surveyor).
- The surveyor(s) will:
- Assess risks of damage to the adjoining property.
- Determine safe excavation methods.
- A Party Wall Award is issued, specifying the rights, responsibilities, and protective measures for both parties.
Consequences of Not Complying with Section 6
Failing to serve a Section 6 notice can have serious legal consequences:
- The adjoining owner may seek a court injunction to stop the work.
- The building owner could be liable for repairing any damage caused by the excavation.
Examples of Work Covered by Section 6
- Digging foundations for an extension.
- Constructing a basement.
- Installing piled foundations.
- Excavating trenches for drains or services near a neighbour’s property.
Key Takeaways
✔ Section 6 protects neighbouring buildings from excavation damage.
✔ A notice must be served one month before work starts.
✔ Adjoining owners have 14 days to respond.
✔ Surveyors may need to create a Party Wall Award if a dispute arises.
✔ Non-compliance can result in legal action and liability for damages.
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