Party Wall – Adjacent Excavations03 July 2018
Are you bound by the Party Wall etc Act 1996 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 then 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 and 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 and 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. As the above written description can be tricky to fully comprehend the following diagrams often help paint a far clearly 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 one of our specialist surveyors who will be extremely happy to run through any queries you may have regarding works either you or your neighbours may be planning.
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.