Three Metre Notice

Section 6 of The Party Wall etc Act 1996

 

If you need help and advice with regard to disputes, particularly party wall matters, boundary disputes or building disputes then give us a call. You may require a structural report or a building survey or a schedule of condition prepared for a party wall notice or a dilapidations report. For any property matters please call 0800 298 5424 for a friendly chat.

 

The Party Wall Act - Excavation

The excavation near neighbouring buildings falls into two categories:-

Party walls and excavations

  The three metre notice

 

  The six metre notice

 

In this article we will look at the Three Metre Notice

Free phone 0800 298 5424

Three Metre Notice

On a Party Wall award you can have a Three Metre Notice as well as a Six Metre Notice and the normal Party Wall award; so you can have three notices on one project.

 

Section 6(1)(a) and (b)

This section applies where, and to quote The Party Wall etc Act 1996:

 

Party Wall Act Three Metre Noticea) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of the building or structure of an adjoining owner; and

b) any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.

 

This section can probably best be explained by the following diagram:

 

Party Wall Three Metre Notice

The building owner's property is on the right side of the diagram, in this case if you can imagine it to be a Victorian property, it is likely to have stepped brick foundations, approximately half a metre in depth. The adjoining owner's property is on the left hand side. It is also a Victorian property, again having stepped brick foundations, approximately half a metre in depth. If the building owner wishes to build, for example, on top of a rear single storey, the foundations would then need to be increased to 1 - 1.4 metres or deeper depending on local circumstances. This therefore, assuming of course the adjoining owner's building is within three metres, requires a notice, because it both fulfils the requirement (a) to be within three metres, and (b), stands lower than the level of the bottom of the foundations of the building or structure of the adjoining owner.

 

Within Three Metres

Remember this Act also applies if it is within three metres.

 

Paryt Wall Three Metre Notice

 

Frequently Asked Questions - FAQ

Party walls and foundations

Do trial holes or bore holes require a three metre notice when

considering such work, or indeed not?

It is fair to say that over the years we have heard arguments for and against, including John Anstey who thought that hand dug holes are likely not to require a Party Wall Act Notice, whereas mechanically dug holes would. This may have been fair to say in days gone by but today we find that nearly all holes are dug mechanically so it is very difficult to know where to draw the line. We think probably the best comment here would be, subject to agreement, and the jury is still out as what legally is correct.

 

Does an impact driven pile require a three metre notice?

Strictly speaking it doesn't, but we are not aware of any surveyor that wouldn't serve one.

 

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

Six Metre Notice Section 6 Party Wall Act

 

Party Walls Presentations:

We carry out courses on Party Walls

 

 

Independent Building Surveyors - Expert Advice

Call us for a help on Party WallsIf 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).

The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision.

All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of www.1stAssociated.co.uk.

 

0800 298 54 24

 

building engineers

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright 1stassociated.co.uk

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert

 

Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?

Flooding

Rain

Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients

 

First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information

Dilapidations

Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West

Midlands

North and North East

 

London

London Markets

London Parks

 

Wales

Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax