The Party Wall, etc. Act 1996 is a legal framework designed to prevent disputes between neighbours. The act can mitigate the problems of construction work carried out near shared property boundaries. It applies to party walls, boundary walls, and certain excavations near neighbouring structures.
The 3-metre rule is key to this act. It dictates how deep you can dig near an adjoining property without special agreements.
What is the 3-metre rule?
The 3-metre rule comes into play when you excavate close to a neighbouring building. According to Section 6 of the Act, if you plan to dig deeper than the foundation level of an adjoining structure and within 3 metres of it, you must notify your neighbour. You are expected to hand them a party wall notice. The rule is especially relevant for several construction projects. These include basement extensions, new foundations and structural underpinning.
The idea is to ensure that digging doesn’t compromise the stability of a neighbour’s property. Even if your work seems small, the rule applies if it goes deeper than its foundation.
What happens if the 3-metre rule applies?
If your excavation falls under this rule, you must:
Serve a party wall notice: Give written notice to your neighbour at least a month before work begins.
Get their consent or a surveyor’s help: When getting your neighbour’s consent, they might either agree or disagree. In case of a disagreement, a party wall surveyor may need to step in to assess and document the impact.
Prepare a party wall award: If necessary, you can draft a formal agreement. It outlines how the work should be carried out safely.
What happens if you ignore the rule?
Skipping this step could lead to legal disputes, work stoppages, and potential liability for damages. That’s why hiring a party wall surveyor is a smart move. They can navigate the process smoothly, handle neighbour concerns, and keep your project compliant.
If you’re planning structural work in your home, it’s worth consulting a professional. Contact GT Louis Chartered Surveyors, a prominent name for qualified party wall surveyors in London. Our experts have in-depth knowledge that helps mitigate any issues with the party wall. For more information, contact us today.