Understanding the Party Wall Act Section 6
The Party Wall Act 1996 is a crucial piece of legislation that guides construction and alteration works involving party walls, boundary walls, and excavations near neighbouring buildings. Section 6 of the Act specifically deals with excavations near neighbouring buildings or structures. This page provides an overview of what you need to know about Section 6 if you are planning construction work that involves such excavations.
What is Section 6 of the Party Wall Act?
Section 6 of the Party Wall Act 1996 addresses two main scenarios: excavations within three metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building, and excavations within six metres of a neighbouring building where the excavation will go below a line drawn downwards at a 45-degree angle from the bottom of the foundations of the neighbouring building. This section ensures that the adjoining owner's property is protected from any potential damages due to nearby excavation works.
Notifying Under Section 6
Before commencing any excavation work that falls under the scope of Section 6, the party intending to undertake the work must serve notice to all adjoining owners. This notice must be served at least one month before the start of the excavation, providing adequate time for the adjoining owner to respond. The notice should include:
- The owner's name and address
- The nature and particulars of the proposed excavation
- Plans, sections, and details of the excavation
- The proposed start date of the excavation
What Happens After Serving Notice?
Upon receiving the notice, the adjoining owner has three key options:
- Consent to the works proceeding as planned
- Dissent from the works and appoint a surveyor to ensure the works are appropriately managed
- Do nothing, which after 14 days, defaults to dissent and a surveyor will need to be appointed
If both parties decide to appoint a surveyor, one common surveyor can be appointed jointly, or each owner can appoint their own separate surveyor. A Party Wall Award will then be prepared by the surveyor(s), which outlines the manner in which the works should proceed, working hours, measures for preventing damage, and assurances over resolving any damage that might occur.
Importance of Compliance
Complying with the Party Wall Act, and specifically with Section 6, is not just a legal obligation but also a critical measure to maintain good relationships with neighbours and protect the structural integrity of adjacent properties. Adhering to the protocols laid out in the Act helps avoid disputes and costly delays, ensuring that excavation works go smoothly for all parties involved.
Professional Guidance
Understanding and navigating the complexities of the Party Wall Act can be challenging. It is advisable to engage professional surveyors early in the planning stages of your project. Professional surveyors can provide expert guidance, ensuring not only compliance with the Act but also the preservation of harmony and legal peace between all parties affected by excavation works.
Testimonials
Nick M
I recently had the pleasure of working with Clayton from Ayling Associates for a home survey on a property I am purchasing in London. From start to finish, Clayton was incredibly thorough, professional, and personable. The level of detail in the survey report was outstanding, covering every aspect of the property with clear, concise explanations. Clayton identified key areas of concern and provided practical, actionable recommendations that have been invaluable as I move forward with the purchase. His expertise, particularly in assessing structural concerns, gave me the confidence I needed to make an informed decision. Clayton was always available to discuss the findings and answer any questions I had, going above and beyond to ensure I fully understood every detail. His communication was excellent throughout the process, making what could have been a stressful experience much smoother and more manageable. I highly recommend Clayton and Ayling Associates to anyone in need of a reliable and knowledgeable surveyor. Their commitment to client satisfaction and their deep understanding of property issues truly set them apart. Thank you, Clayton, for your exceptional service!
Date: 30th of August 2024
Freddie Green
My report and consultation were excellent. I really appreciated the thoroughness, expertise, advice and value for money. Would recommend to anyone looking for a surveyor, and especially first time buyers.
Date: 21st of August 2024
David Labonte
Excellent, prompt, and professional service. The report was detailed, and much more useful than previous reports I received. Communication was straightforward, rapid, friendly, and informative.
Date: 23rd of August 2024
R Malick
Promptness of response : Mr Ayling made contact with me promptly. Quality of service : He wrote a survey that was comprehensive and it helped me make my decision about the purchase of a property. Value for money : Costs were not as much as I expected.
Date: 4th of August 2024
J Brunza
Promptness of response : Called within a minute. Professionalism : Quick and straightforward.
Date: 4th of June 2021
B. Jones
Promptness of response : Prompt, professional service. Quality of service : As above. Value for money : Value for money. Professionalism : As above.
Date: 4th of March 2021
F Percival
Promptness of response : Quality of service : Brilliant service. Took the time to understand our precise needs for the survey and made great effort to address our concerns. Value for money : Professionalism : An exemplary professional.
Date: 4th of April 2021
Francis
Superb. Fast turnaround on an impressively thorough RICS Building Survey Report. Ayling Associates listened to our particular concerns and were extremely helpful in talking us through the full report over the phone. Strongly recommended.
Date: 4th of March 2021