Recent Party Wall Questions

Metris does not currently accept instructions for basement or deep-excavation projects - this is a deliberate scope decision for the practice. Paul is happy to point you toward a suitable specialist, or you're welcome to get in touch to discuss your situation.

However, to give you a general sense of what's involved: basement and deep-excavation projects like this typically require an Adjacent Excavation Notice under Section 6 of the Act, and often a Party Structure Notice too if the works involve cutting into or underpinning a party wall. Given the depth and complexity involved, security for expenses and a Schedule of Condition are also commonly relevant. A specialist party wall surveyor experienced in basement work will be able to advise you properly on the specifics.

📧 paul@metrispws.com 📞 07511 508 674

What notices likely apply?

Yes, removing a chimney breast from a shared wall almost certainly engages the Party Wall etc. Act 1996. You'd likely need a Section 3 Party Structure Notice, exercising rights under Section 2(2)(g) - which covers cutting away from a party wall any projection such as a chimney breast. If the removal also involves inserting a steel or beam into the party wall to support the remaining chimney stack above, Section 2(2)(f) (cutting into a party structure) would likely also need to be named in the same notice.

💡 A Section 2(2)(f) notice cannot be properly drafted until the engineering design is finalised - beam sizes and padstone specifications need to be confirmed before the notice goes out.

This is exactly the kind of work Metris handles regularly - Paul can confirm which subsections apply to your specific situation and get the notice drafted correctly.

📧 paul@metrispws.com 📞 07511 508 674

What notice may apply

Based on the information given — an extension with foundations roughly 1.5m from the neighbouring boundary — this may engage Section 6(1) of the Party Wall etc. Act 1996, which would likely require a Section 6(5) Adjacent Excavation Notice, giving one month's notice before work starts.

Important — this can't be confirmed without more detail:

The 1.5m figure hasn't been verified against actual drawings, and there's no confirmation that the excavation will go deeper than the neighbour's existing foundations — both need to be true for Section 6(1) to apply. Whether the new wall sits on, or straddles, the boundary line hasn't been confirmed — if it does, a separate Section 1 notice may also be needed. Whether the works touch an existing party wall (cutting in, raising, inserting beams) hasn't been confirmed — if so, a Section 3 notice may additionally apply. No start date has been given yet — once known, that determines when notice must actually be served. The number of adjoining owners affected hasn't been confirmed.

If a Section 6(5) Notice is required, two things are legally mandatory:

It must be accompanied by plans and sections showing the site and depth of the excavation — without these, the notice is invalid and the notice period doesn't start. It must state clearly whether the building owner intends to underpin, strengthen, or safeguard the neighbour's foundations — this is a required declaration, not optional detail.

What happens next: if the adjoining owner doesn't respond within 14 days, a dispute is automatically deemed to have arisen, and it would then need to be resolved under Section 10 (surveyor appointment).

This is a preliminary indication only, based on the details provided, and must be checked by a qualified Party Wall Surveyor before any notice is served or work begins.

📧 paul@metrispws.com · 📞 07511 508 674

What notices likely apply?

Chasing into a party wall to run services counts as cutting into a party structure, which likely engages Section 2(2)(f) of the Act — the right to cut into a party structure for any purpose. The procedural mechanism for exercising that right is a Section 3 Party Structure Notice, served on your neighbour at least 2 months before works begin.

This is what likely applies based on what you've described, but Metris needs to confirm your specific situation before any notice is drafted or served.

💡 Section 2(2)(f) works carry a statutory duty to make good all damage caused to the adjoining premises — including internal finishes and decorations — so the scope of the chasing and reinstatement should be clearly defined before the notice goes out.

Paul is happy to have a quick chat and point you in the right direction. 📧 paul@metrispws.com 📞 07511 508 674

Good question - this is one of those areas where the answer isn't as clear-cut as the picture-hook example.

What likely applies?

Chemical DPC installation involves drilling a series of holes at regular intervals along the base of a party wall, often at significant depth, to inject a water-repellent fluid. Unlike a picture hook, this is a systematic, repetitive intervention across the full thickness of a shared structure. It's at least arguable that this constitutes "cutting into a party structure" under Section 2(2)(f), which would require a Section 3 Party Structure Notice - though whether it crosses the threshold from minor drilling to a notifiable intervention is genuinely debated among surveyors.

The key distinction is likely scale and structural impact: a single drill hole for a fixing is de minimis; a row of closely-spaced holes along the full length and depth of a wall base is a different proposition, and some surveyors would say it's notifiable.

As always, this is general guidance only and Metris needs to confirm your specific situation - but it's exactly the kind of borderline question worth a quick call with Paul before you proceed.

📧 paul@metrispws.com 📞 07511 508 674

Great question — and the short answer is: possibly yes, the timing of the original demolition doesn't change your current obligations.

What notices might apply?

If you're excavating to remove old foundations within 3 metres of your neighbour's building, a Section 6(5) Adjacent Excavation Notice exercising rights under Section 6(1) would possibly be required — assuming the excavation extends below the level of the adjoining owner's foundations. The fact that the house was demolished 10 years ago by someone else is irrelevant — what matters is what *you* are doing *now* and how close it is to your neighbour's structure.

⚠️ Important: A Section 6 notice must be accompanied by plans and sections showing the site and depth of the excavation (Section 6(6)) — without these it is invalid and the notice period never starts.

💡 If the old foundations extend deeper than your neighbour's, even what looks like a straightforward removal job can trigger Section 6 — worth getting Paul to assess before you start.

This is general guidance only and must not be acted upon without speaking to Metris directly — Paul needs to confirm your specific situation.

📧 paul@metrispws.com 📞 07511 508 674

This tool is for working out what notice you need for upcoming works - it isn't set up to advise on disputes or awards that have already happened. That's something Paul needs to look at directly:

📧 paul@metrispws.com 📞 07511 508 674

This is really a question about timing and procedure rather than which notice applies to specific works — but it's an important practical point, so here's the short answer:

Almost certainly not. A Section 6(5) Adjacent Excavation Notice (which would likely apply to new foundations near a boundary) carries a 1-month minimum notice period before works can lawfully begin. A Section 3 Party Structure Notice (if the works also involve an existing party wall) requires 2 months. Three weeks isn't enough time for either.

⚠️ Important: A Section 6(5) Notice must be accompanied by plans and sections showing the site and depth of the excavation (Section 6(6)) — without these it is invalid and the notice period never starts. Those drawings need to be ready *before* the notice is served, which takes further time to arrange.

Paul needs to look at this urgently — the earlier he's instructed, the better the chance of managing the programme realistically.

📧 paul@metrispws.com 📞 07511 508 674

*This is general guidance only and must not be acted upon without speaking to Metris directly.*

If your neighbour is building an extension, they may well owe you notice under the Party Wall etc. Act 1996 — depending on what exactly they're doing. Here's what's typically involved:

What notices might apply to their works?

• If they're digging foundations within 3 metres of your property, they'd likely need to serve a Section 6(5) Adjacent Excavation Notice on you (exercising rights under Section 6(1)).
• If they're working on a shared party wall — cutting into it, raising it, or underpinning it — they'd likely need a Section 3 Party Structure Notice (exercising rights under the relevant Section 2(2) subsection).
• If they're building a new wall on or at the boundary, a Section 1 Line of Junction Notice may also be required.

As the adjoining owner, your options on receiving any notice are:

1. Consent — works proceed, but you'd have no Award protecting you upfront 2. Dissent — surveyors are appointed, an Award is made protecting your interests before works start 3. Silence — treated as a deemed dispute, but if you then fail to appoint a surveyor within 10 days of a follow-up request, your neighbour can appoint one on your behalf under Section 10(4)

💡 An adjoining owner who appoints their own surveyor will usually have those reasonable costs paid by the building owner, provided the works are solely for the building owner's benefit.

If works have already started without notice, that's something Paul needs to look at directly — 📧 paul@metrispws.com or 📞 07511 508 674.

Great question — and the answer depends on exactly where along the boundary you're building.

What notices might apply?

If your new fence/wall sits on the line of junction (the shared boundary line where there's currently no built structure), Section 1 of the Party Wall etc. Act 1996 likely applies. If you want the wall to straddle the boundary, you'd need your neighbour's written consent under Section 1(2). If they don't consent (or don't reply within 14 days), you can still build — but wholly on your own land under Section 1(4). If you're planning to build wholly on your own land from the outset, a notice under Section 1(5) is likely required.

If the wall is genuinely set back from the boundary with a clear gap, Section 1 likely doesn't apply at all.

💡 Even a modest wall or fence will involve some excavation for footings — if those go deeper than your neighbour's existing foundations and within 3 metres of their structure, a Section 6(5) Adjacent Excavation Notice might also be needed.

This is general guidance only — Metris needs to confirm your specific situation before any notice is prepared. Paul is happy to have a quick chat: 📧 paul@metrispws.com 📞 07511 508 674

This is a common misconception worth clearing up. Cutting into a party wall to insert a steel beam — including the beam pockets and padstones needed to seat it — almost certainly engages Section 2(2)(f) of the Act, regardless of how far the beam penetrates. The depth of the cut doesn't change the statutory position; what matters is that you're cutting into a party structure.

What notice likely applies?

You'd likely need a Section 3 Party Structure Notice exercising rights under Section 2(2)(f) (cutting into a party structure).

💡 One practical point worth knowing: a Section 3 Notice for beam works can't be properly drafted without the engineering design in place first — beam sizes and padstone specifications need to be confirmed before the notice goes out, so it's worth getting your structural engineer to sign off the design before Metris prepares the notice.

This is exactly the kind of situation where a quick conversation with Paul is worthwhile — builder assumptions about the Act are often well-intentioned but not always accurate.

📧 paul@metrispws.com 📞 07511 508 674