What Section 6 covers
Section 6 of the Party Wall etc. Act 1996 deals with excavation near a neighbouring building or structure. It applies in two situations:
- You dig within 3 metres of the neighbouring building and deeper than the base of its foundations.
- You dig within 6 metres of it and any part of the excavation cuts a line drawn downwards at 45 degrees from the base of its foundations.
There is a diagram in the Act explained.
Work that often triggers it
- Foundations for rear and side extensions
- Basement and cellar conversions
- Underpinning
- Lift pits, swimming pools and other deep excavations
- Piling
- Garden rooms and outbuildings with deep foundations close to a neighbour’s building (see garden rooms and outbuildings)
How much notice
At least one month before the work starts. The notice must be accompanied by plans and sections showing where the excavation will be and how deep, and, where you will build something, where it will be and what it is.
What happens next
- Your neighbour has 14 days to consent in writing or dissent.
- If they dissent, or say nothing, the Act treats this as a dispute and surveyors are appointed.
- The award can require protective measures: monitoring of the neighbouring building, temporary support, or underpinning at the building owner’s cost where the excavation needs it.
- The surveyors record the neighbour’s property in a schedule of condition.
Why surveyors care about excavation
Digging below a neighbour’s foundations can let their building move. Cracks, doors that stop closing and damaged drains are the usual signs. The award sets out how the work will be done to prevent that, and who is responsible if it happens.
The Act’s own wording
Section 6 is set out in full on legislation.gov.uk: Party Wall etc. Act 1996, Section 6.
Related
Section 6 questions
How do I know if I will dig deeper than my neighbour’s foundations?
Many extension foundations are at least a metre deep, and older or simpler buildings often have shallower ones. A trial hole shows you what is there. Building control may also require deeper foundations than you planned, so it can be safer to serve a notice anyway.
Does a neighbour’s separate garage or garden wall count?
It can. The rules apply to any building or structure of the adjoining owner, not only the house, so a garage, a masonry garden wall or similar can be caught. We can advise on a particular case.
Is a Section 6 notice needed for new drains?
It depends on how deep the trench is and how close it gets. The same two tests apply: within 3 metres and deeper than their foundations, or within 6 metres and cutting the 45 degree line.