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If you want to dig near to a boundary you share with a neighbour, you must comply with the statutes set forth in the Party Wall Act. Then you may need to learn about Section 6 of the Act, which is concerned with excavations and the danger they might pose to nearby structures.
When are you required to serve notice to your neighbour? What rights do you and your neighbour have during the process? The team will highlight some frequently asked questions about the Party Wall Act here.
Section 6 of the Party Wall Act 1996 is concerned with underpinning as well as other adjacent excavation and construction work carried out close to a neighbour’s property. The works must not disturb the foundations of the adjoining owner’s property. If the works are too close to the boundary or too deep, it could cause serious problems for the neighbour (e.g. subsidence).
Section 6 of the Act therefore requires the Building Owner to give notice to the adjoining owner and to get their consent before going ahead with excavations at a depth which could endanger the neighbour’s foundations. Even if they do not consent, you can still excavate with minimal impact. The section governs the necessary processes and timescales for serving notices and obtaining consent. Section 6 typically applies only to piled foundations when the structure is within 6 meters. To summarise:
Typically, the notice period is 1 month but you can do this further ahead of time to minimise delay. The purpose of the notice under Section 6 is simply to inform the adjoining owner of the intended works and to give them the opportunity to consent or dissent.
If the works are within the distance specified above, the Building Owner must serve notice before the work starts. The notice must be accompanied by plans and sections of the proposed works and a copy of Section 6 of the Act. The notice can be served either by delivering it by hand to the adjoining owner or by post.
As the building owner, if you want to excavate anywhere near a shared property line covered by the Act, you must serve the neighbours a notice at least 1 month before you want to start. This month gives them time to discuss the work with you and either reach an understanding about it or appoint a surveyor to help you.
Your notice should include:
According to the Party Wall Act, an excavation that is within 3 metres of an adjoining owner’s property (i.e., their foundations) is covered under the Act.
If you propose to dig to a depth lower than the depth of the adjoining owner’s foundations (which are also covered under the Act), you must give a section 6 notice to the other owner. You do this because the Act protects the other owner’s property rights from your excavation work.
When determining the appropriate foundation depth for a particular property, there is much for an experienced surveyor to consider. A party wall surveyor will take into account the year that a property was constructed and the approach used when making an educated determination about the likely depth of the adjacent owner’s foundation.
In some instances, the owner of the property who is facing the construction makes a request to dig a trial pit to verify the existing foundation’s dimensions.
The Full Building Survey report includes the following:
When it comes to the detail that the surveyor will go into concerning defects, repairs, and maintenance, the Homebuyer Survey is fairly standard. Full Building Surveys, however, are more refined and go into more detail about possible and likely defects. Repairs and maintenance are covered in more detail. The Survey cost depends on the age, size, and value of the property.
The analysis they undertake is a visual inspection. This means that, for the most part, the building components that can be seen will be looked at and assessed in accordance with the surveyor’s remit. The Home Survey Report will show you the visible defects and then go on to discuss the kinds of partially hidden or totally hidden defects that the surveyor thinks you should be aware of. It will also try to clarify what kinds of repair work need to be done and the nature of the repairs. The survey is effectively a way to consider “defects” and their potential impact on the building.
A Building Survey Report contains the most important information for understanding the condition of a property. The surveyors that undertake the work follow a set procedure. The first part of the report contains a general overview of the property and its surroundings. The second part details the major and minor problems with the property’s components, inside and out. These problems range from serious structural defects to issues with doors or windows that don’t close properly, and everything in between. The report is written in clear English, complemented by diagrams and photographs. If any of the problems found are what a surveyor might consider important, that’s what the report indicates—using clear and unambiguous language.
Surveyors usually use a tick box to indicate methods of repair when drafting a building survey report. They are also required to comment on the timescale of any repairs. A condition rating is typically included: what needs to be addressed immediately, what is in the process of deteriorating but is in reasonable condition, and what has not deteriorated at all.
A building surveyor is responsible for a variety of checks and tests during a building inspection. These could be checks or tests for damp and woodworm, or they could be visual inspections of the building’s structure. In building surveying, there are visual inspections of roofs – checking for tiles and slates (if applicable) and also checking for leadwork (if applicable) and looking at the junctions between roof and wall. If the wall structure has brick in it, the surveyor will visually check for any “spalling” (brick breaking apart visibly) and any bulging (brick failing to hold its place visibly), for example.
If defects need fixing immediately, then the options recommended for this survey specify what to repair and give some idea of how long the problem has existed. For the most part, this survey describes recommended repair approaches that are standard in the industry and that do not require excessive expenditure. Future maintenance is also discussed, including what to expect when the problem being surveyed is not repaired and what to expect with repairs that are made but with questionable methodology.
Your surveyor will explain some of the legal aspects of purchasing the building, covering—in as much or as little detail as you desire, and their implications, but this is subject to your solicitor verifying.
You might consider having a separate market valuation done to determine whether the property’s asking price is warranted. You’ll also need a reinstatement cost valuation for insurance reasons.
RICS’s industry guidelines suggest building surveys for properties that are large, very old, in some disrepair, or have unusual features. Building surveys are also recommended if you plan to do any significant renovations or extensions.
If you’re purchasing a relatively modern home that’s in decent shape and built to ordinary standards, then a Home Buyer Survey is an acceptable choice. If you want the assurance of an inspection and report that are pretty much guaranteed to turn up any issues that might be hidden or just hard to see, then you should go for a Full Building Survey instead.
The Full Building Survey is more detailed; it is more specifically tailored to the property your surveyor would be inspecting. It also comes with more advice on the visible defects found and on the potential hidden defects that they suspect may be present. Your surveyor will illustrate reports with photographs so that you can clearly see what has been discovered. Both the Home Buyer and Full Building Surveys describe the repairs needed, the order in which the repairs should be done, and the kind of “maintenance measures” that will be required to keep the property in good condition.
A HomeBuyer Report does include a market valuation as well as reinstatement costs. However, a Full Building Survey does not. The main reason for the differences in what is and isn’t included in the two types of reports is how focused the reports are on the condition of the property. The Full Building Survey is the most in-depth and comprehensive survey of a property that you can have done.
A notice can be served in two manners: It can be handed to the person immediately next door or sent by post to that person. That person—let’s call them the adjoining owner—must respond within 14 days. They can either give their permission without a surveyor (consent) or require the appointment of a surveyor (dissent). Sometimes, consent is provided on condition that a Schedule of Condition is made.
Looking for a Chartered Surveyor? If you are buying a property, contact us for a building survey. Our panel of CIOB, RPSA and RICS surveyors will help you with the Level 2 or Level 3 property survey you need in Notting Hill. We can also assist you in Red Book Valuations, Party Wall Awards and other services. Reach out to us today for building surveyors, valuers and party wall surveyors in London!
