If you’re planning to extend your property and need to excavate foundations, you may be required to serve an Adjacent Excavation Notice to your neighbour. Under Section 6 of the Party Wall Act 1996, this is a necessary step if your excavation work meets certain conditions.
When Do You Need an Adjacent Excavation Notice?
You’ll need to issue an Adjacent Excavation Notice if:
- Excavating within 3 metres of your neighbour’s structure and lower than their foundations. To determine this, measure the horizontal distance from your excavation to the nearest structure—whether that’s a garden wall, garage, or the main house itself.
- Excavating within 6 metres of their structure, and the excavation goes deeper than an imaginary line drawn at a 45° angle from the bottom of their foundations. This is detailed under Section 6(2) of the Party Wall Act.
When to Serve the Notice?
The notice must be served at least one month before work starts. Your neighbour has 14 days to respond. If they don’t, they are deemed to have dissented.
Common Questions from Homeowners
We often receive questions like:
- “Do I need to issue a notice if I live in a detached house?”
- “If I already have planning permission, can my neighbour object?”
- “What if my house is just under 3 metres from my neighbour’s boundary?”
- “What should I include in the notice?”
The answers depend on the specifics of your project. We strongly recommend discussing these matters with your architect or structural engineer to determine whether the Party Wall Act applies to your situation.
What Should the Adjacent Excavation Notice Include?
To comply with the Act, your notice must contain the following:
- Names and addresses of the Building Owner(s) and Adjoining Owner(s), as listed in the Land Registry or Companies House records.
- A clear statement of intent, indicating whether your excavation is within 3 metres or 6 metres of the neighbour’s structure.
- A detailed description of the excavation works. This should include:
- Type of foundation and its proposed depth.
- Structural plans showing the location of the proposed building and any relevant neighbouring structures.
- The start date for your work.
- A statement about whether you plan to underpin or strengthen your neighbour’s foundations.
- Surveyor details, if applicable. You should provide the name, address, and contact details of the surveyor you propose to use, though a surveyor isn’t necessary unless a dispute arises.
How to Avoid Disputes
While the legalities are important, maintaining good relations with your neighbours can go a long way. A friendly discussion about your plans can often prevent misunderstandings before formal notices are served. If you anticipate a dispute, consider suggesting the appointment of a single joint surveyor to handle both parties’ interests. This is more cost-effective, as you’ll be responsible for all surveyor fees and associated costs.
Need Help? If you need guidance on issuing an Adjacent Excavation Notice or have any concerns, reach out to us at team@simplesurvey.co.uk for professional advice.