Many homeowners assume the Act only applies when you touch a shared wall. In reality, the Act also covers certain excavations near a neighbour’s building, because excavation can affect foundations and ground stability.
Which part of the Act applies?
Excavations close to a neighbour typically fall under Section 6 of the Party Wall etc. Act 1996 (adjacent excavation). The “within 3 metres” category is commonly associated with Section 6(1).
The Party Wall process (Notice → Response → Award)
1) Notice (Section 6)
You must serve a Section 6 Notice at least 1 month before the excavation begins. The notice should include enough information to explain what is proposed (location and nature of excavation, and the intended start date).
2) Response (14 days)
The adjoining owner can consent or dissent. If they do not respond within 14 days, the matter proceeds as a dispute for process purposes.
3) Award if required (Section 10)
Where there is dissent or no written consent, the dispute procedure under Section 10 applies and a Party Wall Award may be made to conclude the party wall aspects.
Typical projects that trigger Section 6 within 3 metres
- foundations for a rear extension close to the neighbour’s building
- deeper foundation trenches near the boundary
- deeper local dig-outs caused by poor ground conditions
- certain drainage trenches where depth and proximity are relevant
Why people get caught out
Excavation is often subcontracted and programmed late. The problem is that the legal notice period cannot be compressed without creating risk. The neighbour’s confidence is also affected by timing: if they learn about excavation from the sound of digging, they are far more likely to dissent.
Practical, plain-English explanation you can give a neighbour
“We are digging for new foundations near your property, so the Act requires us to serve a notice. If you consent in writing, the process stays simple. If you do not, the Act provides a formal route to conclude matters properly.”
Common mistakes
- serving the notice too late to fit the contractor’s start date
- describing works too vaguely (“digging for footings”)
- assuming a friendly relationship replaces written consent
- starting excavation and trying to “paper it afterwards”
Helpful FAQs
Does every foundation trench trigger the Act?
No, but Section 6 is commonly engaged where excavation is close enough and deep enough to be relevant to neighbouring foundations.
How long must I allow?
At least 1 month for a Section 6 notice, plus the 14-day response period, and time for the Section 10 route if consent is not received.
Get Cost Saving Pro Advice Now
If you are excavating near a neighbour and want clarity before you commit to dates, contact Simple Survey.