Many owners think the Party Wall etc. Act 1996 only applies to party walls.
Not so!
One of the most commonly triggered parts of the Act is Section 6—the rulebook for excavations near neighbouring buildings and structures. If you’re putting in new foundations, a rear-extension trench, a basement, trial pits, or piling, there’s a good chance Section 6 applies.
This guide explains when a Section 6 Notice is required, how neighbours can respond, and how it fits alongside other key parts of the Act (like Section 1 walls on the boundary and Section 8 access).
When does Section 6 apply?
You must serve a Notice of Adjacent Excavation if your works involve:
- Within 3 metres of a neighbouring building/structure and deeper than the bottom of its foundations, or
- Within 6 metres where your excavation will intersect a line drawn at 45° from the bottom of your neighbour’s foundations.
In practice, that captures most extensions (even modest ones), new foundation strips, piled foundations, deep drainage runs, under-pinning, and basements.
The paperwork you must include
A Section 6 Notice must be served at least one month before you intend to start the excavation and must include:
- Plans and sections showing the site and depth of your excavation/foundations,
- The location of any proposed new structure,
- A statement confirming whether you propose to underpin/strengthen/safeguard the neighbour’s foundations if required.
(Notices that skip drawings or depths are usually invalid and must be re-served—don’t lose time there.)
Section 6 Notice: how neighbours can respond
On receipt, an Adjoining Owner has 14 days to reply. The three outcomes are:
- Consent in writing
Your neighbour agrees the excavation may proceed as proposed. (You still remain fully liable for any loss or damage caused by the works under the Act.) - Dissent with an Agreed Surveyor
Both owners jointly appoint one impartial surveyor to make a Party Wall Award that sets the time and manner of the excavation, safeguards, and working restrictions. - Dissent and appoint their own Surveyor
Each owner appoints a surveyor; those two select a Third Surveyor to step in only if the first two can’t agree. The two surveyors produce a Party Wall Award (or the Third Surveyor determines the disputed point).
No response within 14 days? A dispute is deemed to have arisen and the Section 10 surveyor process must begin.
In all cases, where the works are solely for the Building Owner’s benefit, the Building Owner is typically responsible for the reasonable surveyors’ fees and the costs of making the Award.
Isn’t the Act just about shared walls?
No—excavations are squarely covered
A persistent myth is that the Act only bites when you touch a physical party wall. Section 6 is proof it’s broader: you can be working entirely on your own land—no shared wall in sight—and still need to notify because ground movement can affect your neighbour’s structure.
How Section 6 sits alongside Section 1 and Section 8
- Section 1 (Line of Junction) covers new walls at or astride the boundary.
- A wall astride the boundary (a 1(2) wall) requires your neighbour’s written consent. If they don’t consent, you must build the wall wholly on your land (a 1(5) wall).
- Section 8 (Access) gives a statutory right of access to a neighbour’s land when necessary to carry out works in pursuance of the Act (which includes Section 6 excavations and Section 1 boundary walls). You must give 14 days’ notice, keep it reasonable, protect the site, and remove scaffolding/plant when finished.
It’s common for projects to trigger both a Section 6 notice (for foundations) and a Section 1 notice (for the boundary wall). Handle them together for a smoother, faster process.
Typical protections a Section 6 Award can include
- Method statements for excavation sequencing, temporary support, and backfilling,
- Controls on piling, plant, and vibration,
- Working hours for noisy operations,
- Monitoring and checks appropriate to the risk profile,
- Directions to safeguard or strengthen the Adjoining Owner’s foundations where necessary,
- Clear protocols for making good and compensation if loss or damage occurs.
Common pitfalls
- Missing drawings/depths in the notice → invalid service, re-serve, delay.
- Serving too late → the statutory one-month lead-in can push your start date.
- Forgetting nearby structures (garden rooms, retaining walls, extension pads) → you must notify owners of any affected buildings/structures, not only the main house.
- Assuming you can build a 1(2) wall astride without consent → you can’t.
- Turning up without Section 8 access arranged → neighbours can insist on notice and safeguards first.
Get a party wall surveyor to sanity-check your plans and notices before you serve them.
Keep costs sensible with Simple Survey
Transparent, low-cost pricing:
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
We’ll confirm whether Section 6 applies, prepare valid notices with the right plans/sections, and—if a dissent arises—agree a tight, practical Award that protects both properties and keeps your programme on track.
Ready to serve a robust Section 6 Notice?
Email your drawings and site address to team@simplesurvey.co.uk. We’ll review, advise, and issue compliant notices fast—then manage any Award efficiently so your dig can proceed legally, safely, and on time.
Simple Survey — the most cost-effective Party Wall surveyors in England & Wales.