Six Metre Notice
Section 6(2)(a) and (b) of The Party Wall etc Act 1996
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Party Wall Act - Excavation
The excavation near neighbouring buildings falls into two categories:-
The three metre notice
The six metre notice
In this article we will look at the Six Metre Notice
Six Metre Notice
On a Party Wall award you can have a Six Metre Notice as well as a Three Metre Notice and the normal Party Wall award; so you can have three notices on one project.
Section 6(2)(a) and (b)
This section applies where, and to quote The Party Wall etc Act 1996
a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of the building or structure of an adjoining owner; and
any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of 45 degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.
What a mouthful! If that hasn't put you off learning more about the six metre notice rule then take a look at the diagram below:
Here we have the building owner of a Victorian property with a small stepped brick foundation of about half a metre. To the left hand side we have adjoining owners. It is a terrace of Victorian properties both with foundations of about half a metre. The building owner's proposed work mean that they will have to pile (for example) down beneath their property. If the adjoining owner's building is within six metres, and this could be one or two buildings, and take an angle of 45 degrees from the base of the adjoining owner's foundations, and the building owner's proposed foundation is deeper, then a six metre notice needs to be served.
Within Six Metres
Remember this Act also applies if it is within six metres.
Various questions to be asked
How do we know the depth of the adjoining owner's foundations?
The answer is we don't; we dig down, which is very unlikely will be allowed. What we do need to do is take an educated guess as to its depth.
Equally, it could be argued that we don't know the full depth of the pile, but again we need to take an educated guess as to its likely depth. With the six metre notice it is certainly true that a picture is worth a thousand words. The notice, of course, needs to describe adequately the work that is being carried out.
You may be interested in these Party Wall articles too:
What is a Third Surveyor in Relation to Party Wall Act etc 1996?
Party Wall Basics
Time Waits for no-one, be they the Building Owner or Adjoining Owner, Section 1 of Party Wall etc Act 1996
Time Waits for no-one, be they the Building Owner or Adjoining Owner, Section 2 of Party Wall etc Act 1996
What is a Party Wall Notice?
Party Walls Whos Who
Party Walls Look Like This
Excavation and Construction Close to your Property
Three Metre Notice Section 6 Party Wall Act
Party Walls Presentations:
We carry out courses on Party Walls
Independent Building Surveyors - Expert Advice
If you truly do want an independent expert opinion from a surveyor to specialise in party wall work please contact us on 0800 298 5424 for a surveyor to give you a call back. We are also happy to carry out third surveyor work. If you require a structural survey, a schedule of condition, a dilapidations report, specific defects report, home buyers reports or any other property matters please contact us.
If you have a residential or commercial property we would be more than happy to help you with a Party Wall matter. We would also refer you to our other website www.DisputesHelp.com which has a section on Party Walls as well as covering building disputes and boundary disputes.
If you have a commercial property, be it leasehold or freehold, then you may wish to look at our Dilaps Website at www.DilapsHelp.com .
We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).
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