Party Wall Notices
If you intend to carry out works subject to the Party Wall Act, you will first need to serve a notice upon the affected parties. You are legally obliged to serve such notices ahead of time; failing to serve notice can cause delays, costs and undesirable consequences. Rest assured, however, that at PWS Surveyors, we are here to assist you in a cost-effective and timely manner to ensure your legal obligations are fulfilled.
What is a Party Wall Notice?
If your house shares a wall or other boundary with your neighbour’s, and you plan to do some building work on your side of the wall or structure, the Party Wall etc. Act 1996 obligates that you inform your neighbour first. In other words, you give your neighbour notice of the proposed construction work using a Party Wall Notice.
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What is a Party Wall Notice?
If your house shares a wall or other boundary with your neighbour’s, and you plan to do some building work on your side of the wall or structure, the Party Wall etc. Act 1996 obligates that you inform your neighbour first. In other words, you give your neighbour notice of the proposed construction work using a Party Wall Notice.
SPEAK TO A SURVEYORWhat are the Types of Notice?
To avoid any future issues with your proposed building works, it is essential to ensure the correct notice is duly served on your neighbour. Three types of notice need to be considered before concluding which is relevant to your works.
The Party Wall etc. Act 1996 lists three types of Party Wall Notices:
- Line of Junction Notice
- Party Structure Notice
- Notice of Adjacent Excavation
Both ‘Line of Junction Notices’ and ‘Notices of Adjacent Excavation’ must be served one month before the work commences. Party Structure Notices require two months’ notice before works are due to begin unless expressly consented to or the notice period waivered by the adjoining owner.
What is required in a Party Wall Notice in order to validate it?
You should include the following information in a Party Wall Notice intended for adjoining owners:
The Party Wall etc. Act 1996 lists three types of Party Wall Notices:
- The nature of the work you intend relevant to the Party Wall Etc Act 1996
- Your proposed start date for the construction
- Information about whether the work requires special foundations
- A drawing/s showing the proposals in relation to the neighbours land and premises (not essential to a Party Structure Notice)
- A Section showing Proposed Foundations (only applicable to a Notice of Adjacent Excavation)
- Notification that you’ve appointed a surveyor or whom is intended to be appointed
- An acknowledgement of the Party Wall Notice, including the option to consent or dissent to the Notice served.
Types of work you’ll need to notify your neighbours about
These are listed below as examples but are not exhaustive. To be sure if a Notice is required it is best for you to seek the professional advice of a Party Wall Surveyor.
- Cutting into a party wall/ party fence wall/ party structure
- Demolishing and rebuilding a party wall/ party fence wall/ party structure
- Carrying out works to a party wall/ party fence wall/ party structure
- Raising or reducing the height of a party wall
- Removing a chimney on a party wall
- Underpinning a party wall
- Constructing a new wall at or on the boundary
- Excavating near to an adjoining owner’s structure (within 3m or 6m depending on depth)
- Carrying out works to a party fence wall (i.e. shared wall with no building attached)
Serving a Party Wall Notice
A Party Wall Notice must be issued in writing, and the manner it is served recorded. You can serve your neighbour the Party Wall Notice in person, although it is more common to serve it by post, which a Post Office can acknowledge with proof of postage. You can also, with agreement, serve a notice by email.
Frequently Asked Questions
Upon receipt of a consent, you are free to commence your building works. We would however advise it may be best to have a Schedule of Condition undertaken of your neighbour’s property as this will protect against unjustified claims for damage upon completion of your works or allow you to justify a claim as may be necessary.
If your neighbour does not reply to the notice within 14 days or refuses to do so they will fall into natural dissent. This will mean that you will need to appoint a surveyor to act for them. It does however also ensure you are able to progress with you works in a timely manner.
If your neighbour/s dissent/s to the Party Wall Notice, a dispute has arisen. This means that both parties must appoint either their owner Surveyor or jointly select an Agreed Surveyor so an Award can be determined, resolving the dispute that has arisen.
No. You should send your neighbour a separate Party Wall Notice for every type of work you intend to do on the Party Wall. For example, if you plan to demolish a wall and build a new one, each action will require a separate notice i.e. it is likely a Party Structure Notice and a Notice of Adjacent Excavation will need to be served.
If no response is received following 14 days of service of the Notice, a 10-day reminder letter should be sent (and recorded) and if there is still no response, then your Surveyor will appoint a Surveyor, on your behalf, to act on behalf of the adjoining owner. Following this, the two Surveyors will agree on an Award in the usual manner. The Award is a legal document setting out the timing and manner the proposed works are undertaken.
If you still have any questions are uncertain of how to proceed, please do not hesitate to get in touch.
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