Planning to dig foundations for an extension or install new drainage? Even if the work is on your own land, it could still impact your neighbour’s property — and that’s where the Party Wall etc. Act 1996 comes into play.
Why It Matters
Excavating near another building can disturb the ground that supports it. This isn’t just a construction risk — it’s a legal issue too. The support a structure receives from the surrounding subsoil is protected by a legal right known as an easement of support.
Do You Need to Serve Notice?
You’re legally required to serve a Party Wall Notice if:
- The excavation is within 3 metres of a neighbouring structure, and
- It will go deeper than their existing foundations.
What Should the Notice Include?
To comply with the law, your notice must include:
- A clear outline of the works you’re proposing
- Technical drawings showing the excavation plan
- Details on any measures to support or protect the neighbour’s foundations (e.g., shoring, strengthening, or underpinning)
Temporary Interference Is Permitted — If Done Right
The law prevents permanent disruption of your neighbour’s right to support, but temporary interference is allowed when notice is properly served. This is especially important when working near shallow foundations.
A commonly used method to reduce risk is the hit-and-miss sequence:
- Dig short sections (typically 1 metre) at a time
- Never excavate adjacent bays together
- This ensures minimal temporary impact at any one time
Underpinning may be required if standard precautions aren’t enough — but it’s usually a last resort.
Stay Compliant. Avoid Disputes. Protect Your Project.
Following the right steps keeps your project on track, avoids costly legal issues, and maintains good neighbour relations.
📩 Need advice or help serving a Party Wall Notice?
Email our team at team@simplesurvey.co.uk today. We’re here to guide you through the process with confidence.