You're planning to build that dream rear extension. Maybe even a stylish garden office finally, your sanctuary away from screaming kids and a needy cat. But then, bam your neighbour’s flower bed sinks, the fence tilts like the Leaning Tower of Pisa, and suddenly you're not discussing patio tile colors... you're knee-deep in legal notices.
Welcome to the surprisingly thrilling world of Party Wall Act – Section 6.
Enforced across England and Wales since July 1st, 1997, the Party Wall etc. Act 1996 exists to keep building peace between neighbours. It applies when you plan to carry out certain types of work near or on a shared wall or boundary.
Section 6, in particular, is all about excavation near neighbouring properties. And yes, even that innocent-looking trench for your conservatory footings can trigger it.
Let’s put it simply: If you dig too close to your neighbour’s foundations and your work goes deeper than theirs, you’ve entered Party Wall Act Section 6 in Essex territory. Cue dramatic music.
Within 3 metres of a neighbour’s structure and deeper than their foundations.
Within 6 metres, if your excavation intersects with an imaginary 45° line from their foundation’s base.
Think of it like this: If your new foundation wants to “shake hands” underground with theirs, you need permission.
Let’s say Dave, in Chelmsford, decides to build a new kitchen extension. His builder casually mentions, “We’ll be digging about 1.2 metres deep.”
His neighbour, Lisa, has an old conservatory with shallow footings maybe just 50 cm. That’s a red flag. Dave must serve a Section 6 Excavation and Construction Notice and give Lisa a full month’s heads-up.
No notice? No extension. And possibly, a very annoyed Lisa armed with a solicitor.
It’s not as complicated as it sounds if you do it right the first time.
Serve a Notice: You (the "Building Owner") must issue a formal written notice to the "Adjoining Owner."
Adjoining Owner Responds: They can consent or dissent. If they dissent, they appoint a surveyor. You’ll pay for their surveyor, by the way fair’s fair.
Surveyors Get to Work:
Either both owners appoint separate surveyors.
Or, you agree on a single joint surveyor (called an Agreed Surveyor) to handle it all.
A Party Wall Award is Issued: This legal document outlines how and when the work can happen and includes safeguards for both properties.
Word to the wise: A lot of people mess this up by sending informal letters, emails, or incomplete notices. If the notice isn’t valid, the process resets. Delays, cost, confusion you don’t want that.
People often assume this only applies to massive builds. But even digging for drainage, underpinning, or leveling ground for landscaping can fall under Section 6 if it affects nearby structures.
If you’re working near a shared wall, an extension, garage, or even your neighbour’s ancient (and probably leaning) shed you might need to notify them.
Wrong type of notice – Excavation requires its own unique notice format.
Not serving drawings or plans – You must include site location and depth of proposed works.
Last-minute action – Notices need to be served at least one month in advance. Don’t wait till the digger's already revving up in your driveway.
3 meters: You’re building close and deep. Think typical home extensions.
6 meters: You’re building deeper than usual (like for basements or piling). Even if it seems far away, that imaginary 45-degree line might say otherwise.
Because Google doesn’t hold your hand when the neighbour sends you a legal notice.
At Jason Edworthy Essex Party Wall Experts, we offer:
Fast, professional, no-fuss service.
Competitive rates no nasty surprises.
Clear communication from start to finish.
Experience built on actual case law, not internet guesswork.
We prepare and serve all the necessary Party Wall Notices, handle surveyor appointments, and issue legal Party Wall Awards while you focus on your dream kitchen, loft, or garden room.
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A homeowner in Brentwood once installed a sunken hot tub in his garden without serving a Section 6 notice. What started as a "Saturday soak" led to a Sunday panic when the neighbour’s garage cracked along the side. A costly surveyor battle and three months of delay later, that hot tub still hasn’t been used. Don’t be like Hot Tub Harry.
If your foundation work is close to the neighbour’s property, assume Section 6 might apply.
Serve notice at least 1 month ahead of your intended start date.
Attach detailed plans and depths.
Don’t assume your builder or architect has handled it.
Get professional advice early before the project hits a wall (pun very much intended).
"The bitterness of poor planning remains long after the sweetness of low cost is forgotten." adapted from Benjamin Franklin, who definitely never built an extension in Essex, but would have known better.
Contact us today for expert advice, site-specific insight, and a smooth construction process that keeps your neighbours and your project intact.