Adjacent Excavations – Party Wall
03 July 2021Adjacent Excavations – Party Wall Focus.
Are you bound by the Party Wall etc Act 1996 with your adjacent excavations? Are you bound even if you do not share a party wall with the neighbouring properties? If you are planning to build an extension or redevelop your property in any way that will involve excavating for new foundations, you may still need to serve formal notice on the neighbouring properties.
The key factors to consider are:
- whether the excavations fall within 3m of a neighbours’ property. Will the proposed excavations will be deeper than the anticipated existing foundations of the neighbours’ property?
or,
- For where the proposed excavations are to be carried out within 6m of a neighbours’ property. Does any part of the proposed excavation intersects with a neighbours’ property or structure using a plane drawn downwards at a 45° angle?
… Then you will be legally required to serve the impacted neighbour(s) with either a 3m or 6m Adjacent Excavation Notice.
This would then kick start a minimum statutory one month notification period before any notifiable works can commence.
The written description above can be tricky to fully comprehend. The following diagrams often help paint a clearer picture as to whether your proposed works will be subject to the Party Wall etc Act 1996.
Alternatively, you are more than welcome to contact our team of specialist surveyors. They’ll be happy to answer any queries about potential planned works.
The diagrams shown are taken from ‘The Party Wall Act Explained’ book produced by The Pyramus & Thisbe Club and can be found on pages 44 and 46 of the Second Edition.
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