Where this sits in the Party Wall etc. Act 1996
Excavations close to a neighbour typically fall within Section 6 (adjacent excavation).
The Party Wall process in practice (Notice → Response → Award)
- Notice: Serve a Section 6 Adjacent Excavation Notice at least 1 month before works begin.
- Response: The adjoining owner may consent or dissent (or not respond). Lack of written consent can trigger the dispute route.
- Award: Disputes are resolved via Section 10 surveyor procedure and an Award.
“Within 3 metres” is the classic surprise trigger because homeowners focus on walls, not foundations. Yet the whole rationale of Section 6 is underground risk: proximity and depth can matter even when the project seems modest.
Typical works that commonly engage Section 6 within 3 metres
- new foundations for rear extensions near the neighbour’s building;
- deeper trenches for structural pads near the boundary;
- localised deeper dig-outs driven by ground conditions;
- drainage trenches that run close and deep.
The costliest excavation mistake
Starting excavation before the party wall position is properly addressed. The neighbour experiences the sound of digging as the project “beginning without them”, and that triggers defensive action. The cheapest excavation projects are the ones where the neighbour first hears from you via a clear notice—rather than a digger.
The Simple Survey method for 3m excavation cases
- explain the works plainly (where, broadly what depth, and why);
- serve the Section 6 notice early enough to remove pressure;
- treat neighbour caution as normal;
- if there is no written consent, progress through Section 10 without theatrics.
Helpful FAQs
Is digging within 3 metres always notifiable?
Section 6 applies to certain excavations near neighbouring structures; it is not “every dig”, but it is common with foundations.
How much notice do I need?
A Section 6 notice must be served at least 1 month before the intended start.
What happens if my neighbour doesn’t reply?
You should treat silence as needing conclusion through Section 10 procedure, not as agreement.
Get Cost Saving Pro Advice Now
If you’re digging for foundations near a neighbour, contact Simple Survey for a controlled, cost-saving approach. Notices start from £25 per adjoining ownership, with agreed surveyor administration typically £300, depending on complexity and owners.