Understanding Section 6 of the Party Wall Act

Section 6 of the Party Wall Act 1996 is a critical aspect of property law that specifically deals with excavation and construction near neighbouring buildings or property lines in England and Wales. It is an essential consideration for any construction or renovation project that involves digging near adjacent properties.

What is Covered Under Section 6?

Section 6 of the Party Wall Act pertains to two main types of excavation:

• Excavations within three metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
• Excavations within six metres of a neighbouring building where any part of the excavation intersects a line drawn downwards at an angle of 45 degrees from the bottom of the foundations of the neighbouring building.

Requirements and Notices

Before starting any excavation work that falls under Section 6, the party undertaking the work must serve a notice to all affected neighbouring parties. This notice must be given at least one month before beginning the excavation. The notice should include:

• The planned starting date of the excavation.
• Drawings showing the extent of the proposed excavation.
• Details of how the excavation will be carried out.

If neighbours consent to the notice, work may proceed as planned. However, if consent is not forthcoming, or disputes arise, the matter may need to be settled by a Party Wall Surveyor or a team of surveyors.

The Role of the Building Owner and the Adjoining Owner

The terms "Building Owner" and "Adjoining Owner" are used to describe the respective parties impacted by the Party Wall Act. The Building Owner is the individual who is initiating the excavation works. The Adjoining Owner is any owner of neighbouring properties that might be affected by the excavation works.

Both owners have rights and obligations under the Party Wall Act to ensure that construction proceeds fairly, avoiding any unnecessary disputes or damage. The Building Owner must ensure that none of the works adversely affect the neighbouring property, while the Adjoining Owner has a right to object to the works if they believe it will impact their property.

Resolving Disputes

If a dispute arises from the excavation notice, both parties can appoint a single agreed surveyor to draft a Party Wall Award. This agreement outlines the nature of the excavation work and measures to prevent damage. Alternatively, each owner can appoint their own surveyor to represent their interests, with a third surveyor available if needed to resolve any issues impartially.

Conclusion

Understanding and complying with Section 6 of the Party Wall Act is crucial for conducting responsible and lawful excavation works near neighbouring properties. It protects the legal rights of both the Building Owner and the Adjoining Owner, ensuring that all construction activities are carried out considerately and respectfully.

For expert advice and professional service regarding the Party Wall Act and how it applies to your construction project, contacting a qualified building surveyor is always recommended.