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Party wall – 3 metre notice |
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Section 6 Party Wall Act 1996 is designed to protect buildings from subsidence caused by work on neighbouring properties. The neighbouring building owner must serve an initiating notice, and unless a notice of consent is served, a ‘dispute’ will arise between the building owner and the adjoining owner which can then be referred for an award.
Section 6 contains two separate provisions, depending on the distance within which the adjacent excavation is to be carried out from the building of the adjoining owner. Section 6(1) applies where any excavation building or structure is to be within 3 metres (measured horizontally) from any part of a building or structure of the adjoining owner if the neighbour’s proposed excavation will, within the 3-metre limit, extend to a lower level than the bottom of the foundations of the building or structure of the adjoining owner then the Act applies. So, if the neighbour’s excavation will go below your existing foundations, and the work is within the 3-metre limit, a notice must be served under the 1996 Act.
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June 2004 |
