LondonGuidance on Excavation Near Neighbours
26) What does the Act say if I want to excavate near neighbouring buildings?
If you plan to:
excavate, or construct foundations for a new building or structure, within 3 metres of a neighbouring owner's building or structure where that work will go deeper than the neighbour's foundations click for diagram;
or
excavate, or construct foundations for a new building or structure, within 6 metres of a neighbouring owner's building or structure where that work will cut a line drawn downwards at 45o from the bottom of the neighbour's foundations click for diagram;
You must inform the adjoining owner by serving a notice. The notice must also state whether you propose to strengthen or safeguard the foundations of the building or structure belonging to the adjoining owner. The notice must be accompanied by plans.
27) How long in advance do I have to serve the notice?
At least one month before the planned starting date for the excavation.
28) What happens after I serve notice?
If the adjoining owner gives a notice within 14 days agreeing to the excavation, the work (as agreed) may go ahead. If the adjoining owner does not respond, or objects to the proposed work, a dispute is regarded as having arisen.
After the work has been completed, the adjoining owner may request particulars of the work, including plans and sections.
29) What about access to neighbouring property?
Under the Act, an adjoining occupier must, when necessary, let in your workmen, your own surveyor or architect etc., and any surveyors appointed as part of the dispute resolution procedure. You must give the adjoining owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days' notice must usually be given.
General Guidance
Work on Existing Party Walls
Building on The Boundary Line
Excavation Near Neighbours
Questions About the Act
