|
Party wall – 6 metre notice |
|
|
Section 6(2) is far more complex and applies to excavation works within 6 metres if any part of the proposed excavation will, within those 6 metres, meet a plane drawn downwards in the direction of the excavation at an angle of 45%.
This sounds more complex than it is. Basically, you ascertain how deep the neighbour’s excavations will be. From the bottom of those excavations you then go down (at angle of 45%) towards your building. If that 45% line meets any part of your foundations then the neighbour has to serve a party notice. But, if the 45% line passes under your foundations, then he does not have to serve a notice. In effect, therefore, it is possible for the neighbour’s excavations/ foundations to be deeper than your foundations without him having to serve a party wall notice (unless of course, the works are within 3 metres of your building, in which case he will have to serve a notice – see above).
Party walls are complex areas. The best book on the topic is Party Walls – Law and Practice (Stephen Bickford-Smith and Colin Sydenham; Jordans £45 2nd edition).
|
|
June 2004 |
