Excavations Within 3m

The excavation work was situated close to the boundary shared with a neighbouring property, which triggered the requirements of the Party Wall etc. Act 1996. This Act is specifically designed to manage situations where construction work, such as excavation, may impact neighbouring properties. When excavation work is proposed within three meters of a party wall or boundary wall, and to a greater depth than the foundation of a neighbouring building, the homeowner must comply with the Act to ensure that the structural integrity of the neighbouring property is not jeopardised.

In this case, the homeowner was required to serve a formal notice to the neighbor, outlining the nature of the excavation work, its location, and the expected start date. The notice allowed the neighbour to respond within 14 days, during which they could either consent or raise concerns. The neighbour objected to the proposed excavation, which led to the appointment of a party wall surveyor. The surveyor’s role was to assess the potential risks posed by the excavation, such as any possibility of subsidence or weakening of the party wall, and ensure that precautions were in place to protect both properties. This process helped prevent disputes by providing a clear framework for managing the excavation.

The Party Wall Act is in place for excavations to prevent the undermining of neighbouring properties and to ensure that the work is conducted safely. In this case, the Act required the homeowner to ensure that any damage caused by the excavation was repaired, and it provided a system for compensation if damage occurred. Additionally, the surveyor set guidelines for shoring up the foundations of the neighbouring property to prevent any destabilization during the excavation process. By following the Act, the homeowner was able to carry out the excavation safely and in compliance with the law, while also protecting the neighbour’s property and avoiding costly disputes.