Party Wall Act Section 6 - Jason Edworthy Party Wall Agreements
Party Wall Act Section 6 etc. 1996 might put you to some confusions. But, you need to understand all the necessary things about this matter especially when you are planning to carry out any work to a party structure.
If you fully understand the entire procedure about the party wall act, you have the better opportunity to prevent any dispute or delay of construction works.
Are you planning to excavate within a property that belongs to the land of the adjoining owner? Then, you need to serve an Excavation and Construction Notice. This notice is under the Party Wall etc. Act 1996, Section 6.
So, what is Section 6 all about?
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We specialise in this field having a deep understanding of the Act and also knowledge of appropriate case law.
The customized suggestions we give is based upon several years of practicing.
All our Surveyors are participants of the Professors of Party Wall Surveyors, Pyramus as well as Thisbe Club and Royal Establishment of Chartered Surveyors.
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The Process under the Act
In the context of Party Wall Issues, you are the ‘Structure Proprietor’ if you are doing the notifiable construction work and also you are the ‘Adjoining Proprietor’ in basic terms if you are the neighbour.
1. The Structure Proprietor must first serve legitimate Notification(s) on Adjoining Proprietor(s) when notifiable work is proposed. See ‘Structure Owners’ tab below. We commonly see invalid Notices prepared by Building Proprietors implying unfortunately, they should start the process once more. Structure Owners likewise frequently offer the incorrect kinds of Notice.
2. An Adjoining Proprietor (the neighbour) having obtained a Notice might dissent and in this event is qualified to select their own Party Wall Land Surveyor. Costs for this Land surveyor will normally be met by the Building Owner.
3. When the Adjoining Owner designates a Party Wall Surveyor, the Structure Proprietor have to additionally assign their very own Party Wall Surveyor. Both Land surveyors should then collaborate to settle on the regards to a Party Wall Award, authorizing the notifiable job.
4. Conversely, there can be a single Agreed Surveyor who will act for both Owners who will, subsequently, prepare as well as serve a Party Wall Award.
Party Wall Act Section 6 Adjacent Excavation Explained
With regards to adjacent excavation, it can be in the form of excavation that commonly applies the digging of a foundation with a purpose of forming an underpinning or a new structure to an existing party structure.
Also, it can include an excavation to form drains or lowering the land intended for landscaping purposes.
For example, you need to serve an Adjacent Excavation and Construction Notice if you want to excavate within the adjoining structure or property on the adjacent owner’s land, including a garden wall you own or share with the adjoining owner. This happens of the excavation bottom will be below the bottom of the adjoining property’s or structure’s bottom.
You need to be aware that two specified excavation distances included in Section 3 of the Party Wall etc. The act of 1996. This consists of the excavation within 3 meters and 6 meters. Most of the domestic works are under the 3-meter rule although some deeper excavations like those needed for piling or basements that require between 3 meters and 6 meters might also trigger the service notice requirement.
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Keep in mind that the Party Wall Act Section 6 Adjacent Excavation and Construction Notice need to be accompanied with appropriate sections and plan to show that site as well as the exaction depth of site with proposed structure and excavation.
Excavation within 3 Meter of the Adjoining Owner
Under the Party Wall Act Section 6, the first part relates to the excavation within 3 meters of an adjoining owner.
For example, you want to dig a simple strip foundation where the new structure is not visible, and only the foundation is shown. See our FAQs!
Then, the adjoining owner has a shallow foundation made of brick spreader footing. In this instance, new footing must be built according to the standard building regulation which is at least 1 meter deep. However, it can be deeper based on the conditions of the soil or if there are trees within the vicinity.
From the example, Section 6 is triggered in case the excavation of the new foundation is deeper than the adjoining owner and it is considered to be within 3 meters.
If you plan to excavate within 3 meters of a next door permanent structure or you want to lower the level, you need to serve a notice under Section 6 in .
Excavation within 6 Meters of the Adjoining Owner
When you plan to install a profound foundation, you need to sink the deep concrete shaft into the ground.
It is typically necessary if you are having larger construction or having a very poor ground condition.
As a result, the Act is triggered. This is because the 45 degrees will be taken the underside midpoint of the adjoining owner’s foundation. Also, it can bisect the newest foundation and if it is within the 6-meter rule.
Whether you have an excavation within 3 meters or 6 meters, it is essential for you to serve a Section 6 Adjacent Excavation and Construction Notice at least a month before starting the intended work. Also, it is ideal for you to seek professional advice at the very early stage coming from a reputable party wall surveyors .
It can help you to determine whether the work you want to carry out will come either the 3-meter or 6-meter rule.