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Expert Guidance on Your Legal Obligations
Planning excavation works near your neighbour’s property? The 3 metre rule under the Party Wall etc. Act 1996 may legally apply to your project.
At Simmons Taylor Hall, our RICS Chartered Building Surveyors ensure:
If you are unsure whether the 3 metre rule applies to your works, speak to our team before construction begins.
The 3-metre rule relates to excavation works close to neighbouring buildings.
You must serve formal written notice on your adjoining owner if:
This applies to any part of their property, not just the shared boundary line. If your proposed works meet both conditions, you are legally required to serve what is commonly referred to as a “Three Metre Notice”.
The rule most commonly applies to:
If the lowest point of your excavation will be lower than the underside of your neighbour’s foundations and within 3 metres of their structure, the Act is triggered.
This includes situations where the excavation is not directly next to the boundary but still falls within the 3 metre zone.
If you are also carrying out works to a shared wall, you may additionally require a Party Wall Notice under other sections of the Act.
View our Party Wall Survey page.
Once served, your neighbour has three options:
If they dissent, a Party Wall Award will be prepared. This is a legally binding document that sets out:
Our role is to ensure the process is fair, compliant, and proportionate.
The Party Wall Act is technical legislation. Misunderstanding it can lead to:
As RICS regulated Chartered Surveyors, Simmons Taylor Hall provide structured, impartial advice. We act for building owners, adjoining owners, or as agreed surveyors.
If you are at planning stage, now is the right time to speak to us.
We offer:
Our team has over 35 years of experience advising across residential and commercial property.
No. It is measured from the neighbouring structure itself. If your excavation is within 3 metres of any part of their building and deeper than their foundations, notice is required.
This can sometimes be estimated based on age and construction type, but in certain cases trial pits or structural information may be required. A surveyor can advise you.
Your neighbour could seek an injunction to stop works. You may also face claims for damage or increased professional costs.
It can. Even modest extensions may require deeper foundations that trigger the Act. The key factors are depth and proximity.
If neighbours consent, the process can be straightforward. If surveyors are appointed, it typically takes several weeks depending on complexity and responsiveness.
We are proud of the feedback we receive from clients across Surrey and London.
We aim to make what can feel like a complicated legal process straightforward and manageable.
Have A Look At Our Past Successes.
If you are planning excavation works within 3 metres of a neighbouring property, do not leave compliance to chance.
Phone: 020 8541 4111
Email: admin@simmonstaylorhall.co.uk
Early advice saves time, protects relationships, and keeps your project moving forward.
STH have a proud history of over 35 years’ success, creating effective, aesthetically pleasing designs, while paying close attention to key issues of time, quality and cost.
Regulated by RICS Chartered Building Surveyors and Architectural Design Consultants.
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