Section 6 of the Party Wall etc. Act 1996 is one of the most commonly triggered parts of the legislation, yet it is also one of the most commonly overlooked. Many homeowners assume that “party wall” only concerns a wall you share. Section 6 proves otherwise: it deals with adjacent excavation and construction near a neighbour’s building or structure, where the proximity and depth create a recognisable risk.
The statutory test is technical, but the principle is simple. Section 6 applies where a building owner proposes to excavate within three metres of a neighbour’s building or structure and the excavation will go deeper than the neighbour’s foundations. It can also apply within six metres where the excavation falls within the defined geometric “plane” described in the Act. These are the reasons Section 6 is so common: ordinary rear extensions, new foundations, underpinning, and other routine works can easily fall within these distances.
From a practical perspective, Section 6 exists to prevent “surprise risk”. A neighbour may be entirely relaxed about your internal refurbishment, but understandably anxious about deep excavation close to their property. The Act requires you to notify them, and it provides a mechanism for resolution if agreement cannot be reached.
A recurring misconception is that “small trenches” are too minor to matter. In reality, if the excavation is notifiable, the procedure is not optional. The best practice is to assess early whether the depth-and-distance criteria are likely to be met, then plan your notice strategy accordingly.
Because the criteria are technical, homeowners often ask: “Do I need an engineer’s input before serving notice?” The disciplined answer is that your notice should be aligned to a coherent design. If your foundation design is unknown, your notice becomes vague, and vagueness increases the probability of dissent. Dissent triggers the surveyor mechanism. That is not inherently bad, but it does add process. The cost-conscious route is to serve a clear notice informed by a stable proposal.
Section 6 also has a programme implication. Excavation is often early in the build sequence. If you trigger Section 6 but leave notice until the last minute, you risk delaying the very first critical path activity. By contrast, if you treat Section 6 as part of early planning, you protect the programme and reduce stress.
At Simple Survey, our aim is to keep Section 6 straightforward: identify whether it applies, draft the notice clearly, serve it correctly, and plan for the neighbour’s response options. If the neighbour consents, you proceed. If they dissent or do not respond, the Act provides the dispute resolution route so the project can move forward lawfully.
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If your project involves foundations or excavation near a neighbour, contact Simple Survey for clear, cost-effective Section 6 support. Notices start from £25 per adjoining ownership, and agreed surveyor administration is typically £300, depending on complexity and owners.