Collier Stevens Chartered Surveyors, Party Wall Surveyors

Excavation near neighbouring buildings (section 6 of the Act)

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 45^o from the bottom of the neighbour’s foundations click for diagram;

You must inform the adjoining owner by serving a notice - see paragraphs 7 and 8. 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.

The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, adjoining owners may seek to stop your work through a court injunction or seek other legal redress.

27) How long in advance do I have to serve the notice?

At least one month before the planned starting date for the excavation. The notice is only valid for a year, so do not serve it too long before you wish to start.

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 - see paragraphs 11 to 17.

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.

It is an offence, which can be prosecuted in the magistrates’ court, to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the offender knows that the person is entitled to be there.

If the adjoining property is empty, your workmen and your own surveyor or architect etc. may enter the premises if they are accompanied by a police officer.