Section 6 of the Party Wall Act 1996 plays an integral role in governing excavation works conducted near or along shared boundary structures. Recognising the implications that excavation can have for neighbouring property owners.
When does section 6 apply?
Section 6 specifically applies when an individual or developer intends to undertake excavation work within specified distances of neighbouring buildings or structures. According to the party wall act, this includes any excavation carried out within three metres horizontally from the neighbouring owner’s building, footing, or structure, provided the excavation is set to go below the base level of the neighbouring foundations.
Additionally, excavations extending up to six metres distance and intersecting a line drawn downwards at a 45-degree angle from the bottom of neighbouring foundations also fall under the remit of section 6.
Required procedures under section 6 notifications
Compliance with section 6 requires the building owner planning excavation works to serve appropriate written notices to all affected neighbouring property owners. Such notices must be served at least one month before proposed excavations begin, clearly detailing the intended plans, depth and proximity of excavations, and the anticipated start date.
Accurate, timely notifications help affected parties assess the structural implications of planned works and engage their own professional advisors where appropriate.
Resolving disputes under section 6
If an adjoining neighbour expresses concern or objects following receipt of a section 6 excavation notice, the party wall act provides clear procedures for resolution. Typically, independent party wall surveyors are appointed, either individually or jointly, to mediate any disputes.
Surveyors will then formulate a binding party wall agreement known as an award, covering critical details such as working hours, excavation methods, protective measures, and potentially compensation for property damage.
Through this structured approach, disputes can be efficiently managed and resolved fairly.
Section 6 of the party wall act plays an essential role in safeguarding the interests of building owners and neighbours alike. Ensuring compliance requires careful planning, effective communication and clear documentation.
Property owners are strongly advised to seek professional legal advice from experienced experts familiar with the intricacies and complexities of the party wall act. Securing knowledgeable assistance at an early stage can significantly reduce risks, minimise delays, and promote positive neighbourly interactions. Contact Stephensons today on 0161 696 6178 to speak to our specialist solicitors.
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