Party Wall etc. Act

A Notice of Adjacent Excavation must be served on all Adjoining Owners affected by the proposed work, one calendar month before the work is due to start.

Within 14 days of the date of the service of the Notice of Adjacent Excavation, the Adjoining Owner must respond with a Consent Notice, and/or a Foundation Protection Notice, otherwise a dispute will be deemed to have arisen.

A Notice of Adjacent Excavation must include

• (a) the name and address of the Building Owner;
• (b) the nature and particulars of the proposed work, including plans and sections
• showing the location, extent and depth of any excavation proposed
• (c) the location and extent of the building or structure, if proposed.
• (d) a statement indicating whether it is proposed to underpin or otherwise strengthen
or safeguard the foundations of the building or structure of the Adjoining Owner, or not, and if not why not.
• (e) the date on which the proposed work will begin.

 

The Notice should include

• (i) the name and address of the Adjoining Owner;
• (ii) the date of the Notice
• (iii) the Building Owner's signature