Party Wall etc. Act 1996 Section 6 

Party Wall etc. Act 1996 – Section 6 Explained in Detail

Section 6 of the Party Wall etc. Act 1996 deals with excavations near neighboring buildings or structures. This section is particularly important when carrying out construction work close to an adjoining property, as it provides protection for the structural integrity of nearby buildings.

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Key Points of Section 6

Section 6 applies when excavation work is planned near a neighboring property. The Act sets out specific distances and depths that trigger the requirement to notify the adjoining owner.

When Does Section 6 Apply?

A party carrying out excavation work must serve notice on the adjoining owner if they plan to excavate:

1. Within 3 meters of an adjoining building or structure, and to a depth lower than the foundation of that building.
2. Within 6 meters of an adjoining building or structure, if a line drawn downwards at 45 degrees from the bottom of the adjoining foundations intersects the excavation.

These provisions are designed to ensure that excavation work does not undermine or damage nearby structures.

Section 6(1): Excavation Within 3 Meters

This subsection applies if:

• The excavation is within 3 meters of an adjoining structure.
• The excavation is lower than the foundation level of the adjoining structure.

If these conditions are met, the person intending to excavate must serve a Party Wall Notice on the adjoining owner.

Section 6(2): Excavation Within 6 Meters

This subsection applies if:

• The excavation is within 6 meters of an adjoining structure.
• A 45-degree downward plane from the bottom of the adjoining foundations intersects the proposed excavation.

This rule is important when dealing with deep excavations, such as piling work or basement construction.

Section 6(3): Notice Requirements

If Section 6(1) or 6(2) applies, the person planning to excavate must:

• Serve a written notice to the adjoining owner at least one month before starting work.
• Include key details in the notice, such as:
  • The depth of the proposed excavation.
  • The method of excavation.
  • Whether the excavation involves piled foundations.

The adjoining owner has 14 days to respond. They can either:

1. Consent to the work.
2. Dissent, which will require a Party Wall Award to be prepared by surveyors.

What Happens if the Adjoining Owner Dissents?

If the adjoining owner does not agree to the excavation, or fails to respond within 14 days, the parties must appoint a party wall surveyor (or one surveyor each) to resolve the dispute. The surveyor(s) will:

• Assess the risk of damage.
• Determine how the excavation should be carried out safely.
• Record the condition of the adjoining property before work begins.

The surveyor(s) will then issue a Party Wall Award, which sets out the rights and responsibilities of both parties.

Penalties for Non-Compliance

If the building owner fails to serve notice under Section 6 but still carries out excavation work, the adjoining owner may take legal action to:

• Stop the work (via an injunction).
• Claim damages if their property is affected.

Additionally, if damage occurs due to the excavation, the person carrying out the work is usually responsible for repairing the damage.

Common Examples of Work That May Fall Under Section 6

• Digging foundations for an extension.
• Constructing a basement.
• Installing piled foundations.
• Excavating for a new drain or service trench.

Conclusion

Section 6 of the Party Wall etc. Act 1996 ensures that excavation work near an adjoining property does not cause damage or undermine its foundations. If you plan to dig near a neighboring property, it’s crucial to serve the proper notice, allow time for response, and follow the correct legal procedures to avoid disputes or legal issues.

Would you like help drafting a Party Wall Notice under Section 6?

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Or Call the Surveyor direct on 07764 589 804 

Or call the Office on 0207 118 4331  Open 9-9 x 7 days a Week     Email info@locallondonsurveyors.co.uk