Section 6 Party Wall Notice – Adjacent Excavation | Divaar
What is a Section 6 Notice?
A Section 6 Notice (Adjacent Excavation Notice) is required where a Building Owner proposes to carry out excavation works close to a neighbouring building or structure, in accordance with the Party Wall etc. Act 1996.
The purpose of the notice is to protect adjoining owners where excavation works may affect the stability of neighbouring foundations.
When is a Section 6 Notice required?
A Section 6 Notice is required where excavation is proposed:
-
Within 3 metres of an adjoining owner’s building or structure and to a depth lower than the bottom of its foundations, or
-
Within 6 metres where the excavation intersects a plane drawn downwards at 45 degrees from the bottom of the adjoining owner’s foundations
Typical examples of Section 6 works
Common projects requiring a Section 6 Notice include:
-
Foundations for rear or side extensions
-
Basement or cellar excavations
-
Underpinning works
-
Deep drainage excavations near neighbouring structures
Information required with a Section 6 Notice
A Section 6 Notice must be accompanied by:
-
Plans and sections showing the location and depth of excavation
-
Details of the proposed construction works
-
Sufficient information to allow the Adjoining Owner to understand the potential impact
Notice period
-
The minimum notice period for a Section 6 Notice is 1 month before the proposed excavation works commence.
What happens after the Notice is served?
Once a Section 6 Notice is served, the Adjoining Owner may:
-
Consent to the works, or
-
Dissent, in which case a dispute is deemed to have arisen under the Act
Where a dispute arises, surveyor(s) are appointed to prepare a Party Wall Award. This will typically include:
-
A Schedule of Condition of the Adjoining Owner’s property
-
Details of the permitted excavation works
-
Protective measures and construction methodology
-
Monitoring arrangements where appropriate
Why Section 6 Notices are important
Excavation works carry a higher risk of movement or damage to neighbouring structures.
Serving a Section 6 Notice ensures that:
-
The works are properly assessed
-
Neighbouring properties are protected
-
Clear procedures are in place should damage occur
How we can help
We will:
-
Assess whether a Section 6 Notice is required
-
Prepare and serve the Notice in accordance with the Act
-
Review drawings and structural details
-
Act as surveyor where required to agree Awards and Schedules of Condition
Our aim is to ensure excavation works proceed safely, lawfully, and with clarity for all parties.
Related Notices
Section 6 Notices are often required in conjunction with:
