Excavation works can have immense impacts on adjacent properties, especially when one digs near common walls or structures. The Party Wall, etc. Act 1996 often describes how such works are managed and how such works shall not result in adverse effects on the output of adjacent properties. The following is a number of things you need to consider while planning excavation works under the Party Wall Act.

When does the Party Wall Act apply to Excavation Work?

The Act applies to excavation work in the following circumstances:

• Excavation within three metres of an adjoining property, if the work will go deeper than the neighbouring foundation.
• Excavation within six metres, if the work intersects a plane drawn downwards at a 45 degree angle from the bottom of the neighbouring foundation.

Serving a Notice of Adjacent Excavation

If your excavation work falls under the Act, then you are required to serve a Notice of Adjacent Excavation to the adjoining owner at least one month before the intended start date. The notice must include the following :

• Your name and address
• The address of the property where the work is intended.
• A detailed description of the proposed excavation.
• The proposed starting date.

Preparing for Excavation

Surveying and Planning: Do a comprehensive survey of your property along with the property sitting adjacent to yours before starting excavation. This can help in depicting the potential risks and, therefore, plan accordingly.
Professional Advices: Consult structural engineers or surveyors regarding how excavation will affect the neighboring properties and what safety measures should be taken.
Detailed Plans: Provide the notice with detailed plans and sections for the adjoining owner to get the knowledge of the extent and probable effect of the excavation.

Response to Concerns

Rights of the Adjoining Owners :

• To Consent: If they feel that the proposed work will not affect them.
• To Dissent and Appoint Surveyor: If one is worried about the probable effect.
• Do nothing: Aside from the consent, failure to respond within a period of 14 days constitutes a dissent. Hence, thereby necessitates an appointment of a surveyor.

Role of the Party Wall Surveyor

In the event that a dissent has been registered, a party wall surveyor has to be appointed. A surveyor will:

• Assess the Proposed Work: Consider the implications the excavation may cause to the adjoining property.
• Prepare a Schedule of Condition: Record in detail the current status of the adjoining property before commencing works at the site.
• Draft Party Wall Award: It would set out the rights and responsibilities of both parties with safeguards to protect the adjoining property.