Understanding Section 6 of the Party Wall Act 1996: Notices & Excavation
When embarking on construction projects near or around a party wall, it’s essential to understand the rules and regulations that protect both property owners. One crucial aspect of the Party Wall Act Section 6, which governs excavation and the impact such work can have on the foundations of the building of adjoining properties.
Section 6 of the Party Wall Act ensures that any excavation within certain distances from the boundary or a shared wall is done with proper notice and consideration of the safety and structure of neighbouring properties.
Section 6 of the Party Wall Act?
Section 6 of the Party Wall Act 1996 specifically deals with excavation work that takes place near a shared property boundary or party wall. The section applies when a building owner proposes to excavate within 3 to 6 metres of a party wall, or within 6 metres of the external wall of an adjoining owner’s property. It ensures that the structural integrity of party walls and the foundations of the building on neighbouring properties is not compromised during the excavation and construction process.
According to Section 6, any excavation that could impact the foundations of a party wall or structure must be accompanied by a notice. This is to ensure that the adjoining owner is informed and has the opportunity to respond, raising any concerns they might have regarding the impact on their property.
When Do You Need to Serve a Party Wall Notice?
The building owner proposing the excavation is responsible for serving a notice to the adjoining owner under Section 6 of the Party Wall Act 1996. This notice must be served at least one month before work begins on any building or structure. It should detail the planned excavation, including the proposed direction of the excavation and the depth at which it will take place.
The notice must also specify the nature of the work and whether it may affect the party wall or the foundations of the adjoining owner’s property. If the work will be near the boundary line or astride the boundary, the notice should indicate how the proposed excavation could potentially impact the adjoining owner’s land and property.
The Role of the Party Wall Surveyor
Serving a party wall notice is just the first step. If a neighbour objects or raises concerns about the proposed excavation, it’s common to appoint a party wall surveyor for guidance to resolve any issues. A surveyor is an expert in party wall matters and can provide valuable advice on compliance with the Party Wall Act and guidance on the process.
The surveyor will review the notice, assess the potential risks to the neighbouring property, and help negotiate a party wall award. This legally binding agreement will outline the terms of the work, including how it should be carried out to minimize damage and prevent disputes.
In some cases, multiple surveyors may be involved – one appointed by each party, or a single party wall surveyor may be appointed to represent both parties in accordance with the party wall act section 6.
What Excavation Work Does Section 6 Cover?
Section 6 of the Party Wall Act covers excavation work that is likely to affect the foundations of a neighbouring property. If the building owner intends to excavate near an existing party wall or structure, this section applies, particularly when the excavation is within:
- 3 metres of the boundary and goes below the level of the foundations of the adjoining building.
- 6 metres of the boundary and will affect the structural integrity of the neighbouring wall.
Key Requirements for Excavation Work Under Section 6
Under Section 6 of the Party Wall Act, there are several key requirements that building owners must meet before carrying out excavation work near a party wall or boundary:
Serve a Party Wall Notice
As mentioned earlier, a formal notice must be served to the adjoining owner, detailing the excavation work.
Wait for Response
Once the notice is served, the adjoining owner has 14 days to respond. If they agree, the work can proceed. If they object, negotiations or dispute resolution through a surveyor will be required.
Maintain Structural Integrity
Any excavation work that may affect the foundation or structure of the adjoining property must be carried out in a way that prevents damage. This may include reinforcing the foundations or taking additional measures to ensure the safety of the neighbouring property.
Party Wall Award
If a dispute arises or if the work is complex, a party wall award will be issued. This document sets out the terms of the excavation, including how the work should be executed, who is responsible for repairs, and what happens if damage occurs.
What Happens If the Notice Is Not Served?
Failing to serve a party wall notice can result in legal consequences. If a building owner begins excavation work without giving the required notice, the adjoining owner may take legal action under the party wall act section 6. This could lead to a dispute resolution process, potentially resulting in fines or a court order to halt the work.
It’s crucial to understand that even minor excavation work can be subject to the Party Wall Act. If there’s any doubt, always consult a party wall surveyor to ensure compliance with Section 6 of the act.
How to Resolve Disputes with Your Neighbour
If there’s a dispute over the proposed excavation, it’s important to address it quickly and professionally. The Party Wall Act provides a process for resolving disputes, and the use of an expert party wall surveyor can help prevent escalation. A party wall surveyor will assess the situation impartially, considering the rights of both the building owner and the adjoining owner.
If an agreement cannot be reached, a party wall award will be issued, which both parties are legally obligated to follow. This award will specify how the work should be carried out, any precautions that should be taken, and how damages, if any, should be handled.
Conclusion
Section 6 of the Party Wall Act 1996 is essential when carrying out excavation work near party walls or boundaries. By serving a party wall notice and seeking expert advice from a party wall surveyor, building owners can avoid disputes and ensure that their construction work complies with the law. Understanding the requirements of the party wall act section 6 and the importance of clear communication with adjoining owners can help make any excavation project smoother and legally sound.
