What is a Party Wall Notice and when does need to be served?
The Party Wall etc. Act 1996 requires that you serve notice upon your neighbour (the adjoining owner) if you intend to carry out notifiable works which may effect the building or structure of your neighbour. It is important that the notices that are served are valid and the party wall procedure is followed to avoid a court injunction, potentially delaying your project and straining neighbourly relations.
What is a Party Wall Notice?
A Party Wall Notice is a legal document which is prepared by the Building Owner or his/her representative detailing the intended works to the adjoining owner/s. The 3 Types of notices are:
Line of Junction Notice
Party Structure Notice
Notice of Adjacent Excavation (requires drawings for the proposed foundations)
When does a Party Wall Notice needs to be served?
The Party Wall Notice/s should be served at the earliest opportunity in order to allow for the notice to run through the statutory timeframe and to allow for any negotiations and inspections by surveyors, should a dispute arise under the Act. The notice should be served either 1 or 2 Calendar Months before commencing the notifiable works as detailed below.
Party Structure Notices - 2 Calendar Months prior to commencing works
Line of Junction Notices - 1 Calendar Month prior to commencing works
Notice of Adjacent Excavation - 1 Calendar Month prior to commencing works
A Party Wall Notice may be served using the following methods:
By Post - You may serve a Party Wall Notice by post, allowing the 14 Days Statutory Notice period plus an additional 2 days postage period.
By Hand - You may serve a Party Wall Notice by hand, ensuring that you hand the notice to an occupant and it is recommended that you note some form of evidence (i.e. name etc.).
Conspicuous Area - You may serve a Party Wall Notice by fixing or sticking the Notice to conspicuous part of the adjoining owner's property such as the door, gate or window (this method is used when the adjoining owners name is not known).
Email (Electronic Service) - You may serve a Party Wall Notice via email, subject to having consent from the Adjoining Owner that they agree to receiving any notices via electronic service.
What needs to be included within a Party Wall Notice to make it Valid?
Date of Construction Works
NB. An adjoining owner includes Freehold Owners, Leasehold & Tenancies (longer than a year) and any Management Companies whom are entitled to receive, whole or part of the rent for the adjoining property.