Party walls and boundaries
If you can see foundations dug next door from this garden, has the survey decided that notice was required?
No. The survey can describe the excavation it could see, but it does not measure whether the Act applies and it does not serve notice. GOV.UK says excavation near a neighbour is one of the works that can need the party-wall procedure in England and Wales. The survey is not that procedure, and the Act does not apply in Scotland or Northern Ireland.
Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.
What is the fuller explanation?
A hole, spoil and new concrete next door are visible facts. Depth, distance and the neighbour’s foundation details are usually not. The surveyor should not invent those measurements, and you should not add them. The useful sentence is what could be seen from this garden and whether this house’s wall shows fresh cracking beside it. One visit does not monitor movement.
Your solicitor can ask what the neighbour is doing and what notices exist. Planning permission for their work, if they have it, does not replace the Act. A home survey does not design their foundations and does not award costs. If you are in Scotland or Northern Ireland, do not pick up the English form because a trench is visible. Ask a solicitor qualified where the house stands.
What should you ask your surveyor?
- What could you see of the excavation, and from where?
- Is there fresh cracking on this house beside it?
- Did you record any distances or depths, rather than leave them out?
What are the typical next steps?
- Tell the solicitor what is visible. Do not call the photograph a notice.
- Do not write distances the survey did not take.
- Keep the English and Welsh Act out of Scotland and Northern Ireland.
Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.
Also asked about this
Does a trench automatically damage this house?
No. It is a trench the survey could see. Damage is cracks or movement this inspection actually recorded, and even then one visit does not prove the cause.
Can you serve notice on the neighbour using the survey?
No. The survey is not the notice, and the surveyor does not serve it.