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Party Wall Act Section 6 - Adjacent Excavation and Construction Notice

If you want to excavate near to your neighbour’s property or any other structure of theirs such as garden wall that they own or share with you and the bottom of the excavation will be below the bottom of the foundation of that property or structure, then you must serve a section 6- ‘Adjacent Excavation and Construction’ Notice.

There are two specified distances contained in the Act, 3 metres and 6 metres. Most domestic work will come within the 3m rule although deep excavation between 3m and 6m will invoke the 6m rule.

A Section 6 Excavation Notice must be accompanied by plans and sections showing the site and depth of any excavation you propose and the site of the proposed building or structure.

In all cases a Section 6 Excavation and Construction Notice must be served at least one month before the start of the intended work.

If you have been served with any of the above notices you have 14 days from the date the notice was served to act on it by either agreeing, dissenting or serving a counter notice.