The 3m rule — vertical alignment
The 3m rule (s6(1) Act) catches excavation within a horizontal 3m radius of any part of a neighbour's building or structure, where the excavation depth at any point reaches or exceeds the level of the underside of the neighbour's foundations. Example: typical Victorian London terrace where neighbour foundations are at -1.0m below ground; a side return extension foundation 2.5m from the neighbour wall excavating to -1.2m triggers s6 3m rule (within 3m + deeper than neighbour foundation). A house extension foundation at 1.5m horizontal distance excavating to -0.9m does NOT trigger (within 3m but shallower than neighbour foundation). Common triggers in London residential: most rear extension strip foundations excavating to -1.0m to -1.5m in proximity to neighbour walls, garage conversions with new strip foundation deeper than existing, basement preparation work. Test at design stage: section through proposed foundation + neighbour foundation; measure horizontal + vertical relationships.
The 6m rule — the 45° downward line
The 6m rule (s6(2) Act) extends jurisdiction further but only for deeper excavations. Catches excavation within 6m horizontally of the neighbour's building, where the excavation reaches a depth BELOW a notional 45° line projected downward + outward from the underside of the neighbour's foundations. Example: neighbour foundation underside at -1.0m; 45° line drops outward — at 2m horizontal distance the line is at -3.0m; at 4m horizontal it's at -5.0m; at 6m horizontal it's at -7.0m (with 6m being the outer limit of jurisdiction regardless of depth). Visualise as a 45° invisible wedge dropping outward from neighbour's foundation underside — anything excavated below this wedge within 6m triggers notice. Almost universally relevant to basement construction; rarely triggered by standard extension foundations.
Practical application + design discipline
Builderr design checklist at RIBA Stage 3: (1) plan view — measure horizontal distance from every proposed excavation edge to every adjoining structure (boundary walls, neighbour houses, neighbour outbuildings, neighbour basement light wells); (2) section view — measure proposed excavation depth + draw 45° lines from neighbour foundation undersides where excavation falls within 6m; (3) where multiple neighbours, run check for each separately — corner sites + mid-terrace can have 3–6 adjoining structures triggering s6 separately; (4) flag any trigger to client + party wall surveyor at planning stage; (5) on basements, ALWAYS expect s6 triggered for all adjoining properties — design programme + budget around this. Cost implications: s6 notice itself free/£185 to draft; if dissented, Award process £1,500–£4,500 + VAT/side standard, £3,500–£12,000 + VAT/side basement. Engineering: trigger of s6 often drives foundation design (mini-piles, contiguous piled wall, raft alternative) — choose foundation type that minimises adjacency risk + s6 cost burden. London Clay specifics: foundation depth typically -1.0m to -1.8m due to seasonal shrinkage; s6 3m rule almost always triggered for adjoining party walls on rear extensions. Plan for it.
