Can you dig foundations without a party wall agreement?

You cannot legally dig foundations near a shared boundary without following the procedures outlined in the Party Wall Act if your work falls within certain limits. If you’re planning to excavate within three meters of a neighbouring property and the depth of your excavation is deeper than the neighbour’s foundation, or if you’re digging within six meters and your work could affect their property, you must serve a party wall notice.

The adjoining owner has the right to agree or dissent, and if they dissent, a Party Wall Agreement, known as a Party Wall Award, must be drawn up by appointed surveyors before you can proceed.

Failing to secure a Party Wall Agreement before digging can lead to serious legal consequences, including project delays or court injunctions stopping the work. Additionally, if the excavation causes any damage to the neighbouring property, the building owner could be liable for repairs and other compensation.

To avoid disputes and ensure compliance, it’s essential to serve the proper notices and obtain the necessary agreements before beginning any foundation work near a shared boundary. This not only protects the neighbour’s property but also ensures your project moves forward without legal complications.