Blogs
Excavating to the Same Level as a Neighbour: Understanding the Party Wall Act 1996
Wednesday 23rd October 2024
When undertaking construction or excavation work near a neighbouring property, it's essential to be aware of the legal obligations set out in the Party Wall etc. Act 1996. Under Section 6(1) of the Act, if you plan to excavate, or lay foundations for a new building or structure within 3 metres of an adjoining property, and the proposed depth extends lower than your neighbour’s foundations, you are legally required to notify the adjoining owner.
However, even if your excavation is planned to reach the same level as your neighbour’s foundations, a notice must still be served. The purpose of this notice is to give the adjoining owner the opportunity to assess whether their property may be impacted by your proposed works and to take any necessary precautions.
This notice must be served at least one month prior to the start of the excavation. It should include details of the intended work, the depth and extent of the excavation, and the proposed start date. This timeframe ensures the adjoining owner has enough time to review the plans, raise any concerns, and, if necessary, engage in discussions to ensure that the works are carried out safely and without damage to their property.
Compliance with the Party Wall Act is crucial to avoid disputes and potential delays in your project. If both parties agree on how the works will proceed, this can ensure a smoother process for everyone involved.
