Are you planning to do some excavation work on your property? Do you share a wall with your neighbour? If so, you may need to issue a party wall excavation notice. In this article, we will discuss everything you need to know about party wall excavation notices, including what they are, when you need them, and how to issue one.
Excavation work can be a significant undertaking, and it's essential to ensure that you comply with all the relevant regulations and laws. A party wall excavation notice is one such requirement that you need to consider before starting any excavation work. It is a legal document that informs your neighbour that you plan to undertake excavation work close to their property's shared wall.
What is a Party Wall Excavation Notice?
An excavation notice is a formal notification that you send to your neighbour informing them that you intend to excavate close to the party wall. The notice will detail the proposed works, their likely impact, and when the work will commence. It is a legal requirement under the Party Wall etc. Act 1996, and it's essential to issue the notice to avoid any legal issues down the line.
When is an Excavation Notice Required?
A party wall excavation notice is required if you plan to excavate within three meters of a neighbouring property and the foundation depth is lower than that of the neighbour's building. The notice is also required if you plan to excavate within six meters of a neighbouring property, and your excavation will cut a 45-degree line from the bottom of the neighbour's foundations. If your excavation falls under these categories, you need to issue a party wall excavation notice.
How to Issue a Party Wall Excavation Notice?
Issuing an excavation notice is a straightforward process, and you can either do it yourself or through a party wall surveyor. Here are the steps involved:
1.) Give your neighbour notice in writing at least one month before you intend to commence work.
2.) Provide a full description of the work you plan to undertake, including plans, elevations and any other drawings that show the work clearly.
3.) Include the start date of the works.
4.) Provide details of the party wall surveyor(s) appointed by you or the adjoining owner.
What Happens After You Issue an Excavation Notice?
After you issue an excavation notice, your neighbour has 14 days to respond. They can either give their consent, provide a counter-notice, or do nothing. If they provide a counter-notice, you will need to follow the dispute resolution process detailed in the Party Wall etc. Act 1996.
Party Wall Excavation Notice: FAQs
1.) Do I need an excavation notice for minor excavation work? If your excavation falls outside the categories detailed in the Party Wall etc. Act 1996, you don't need a party wall excavation notice.
2.) Can I issue a party wall excavation notice myself?
Yes, you can issue the notice yourself. However, it's recommended that you seek professional advice from a party wall surveyor.
3.) How long does a party wall excavation notice last?
The notice will last for one year from the date of issue. If you don't commence work within this period, you will need to issue a new notice.
4.) What happens if my neighbour refuses to give their consent?
If your neighbour doesn't give their consent, you will need to follow the dispute resolution process detailed in the Party Wall etc. Act 1996.
Excavation work can be complex, and it's essential to ensure that you comply with all the relevant regulations and laws.
A party wall excavation notice is one such requirement that you need to consider before starting any excavation work. It's a legal document that informs your neighbour that you plan to undertake excavation work close to their property's shared wall. By following the steps outlined in this article, you can issue a valid party wall excavation notice and avoid any legal issues down the line.
Remember, always seek professional advice from a party wall surveyor to ensure that you comply with all the relevant regulations and laws. Failure to comply with the Party Wall etc. Act 1996 can result in legal action and financial penalties.
If you're planning to undertake excavation work and need assistance with issuing a party wall excavation notice, don't hesitate to contact us. We can help you navigate the process and ensure that you comply with the relevant procedure.
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Further Guidance when appointing a Party Wall Surveyor
If you are a Building Owner planning work to your property and need help to manage the Party Wall process, please get in touch.
For information on how the Party Wall Act affects you see our Party Wall Fact Sheet.
You can also find further information in our Party Wall FAQs. This has been compiled this from questions we are often asked about the Act.
You can also find guidance on choosing a Party Wall Surveyor in our recent news article.
There is some further information in the government’s explanatory booklet on the Party Wall process.
If you are unsure how the Party Wall Act affects your property and want some advice give us a call. Also see our recent article on when you need to serve a party wall notice.
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To contact a Party Wall surveyor that's local to you, see details of our teams in :
For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.
If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact:
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