If you’re planning construction work that will affect a party wall, you have a legal obligation to let the adjoining owner know. This is done by serving your neighbour with a party wall notice. We understand the process can seem complex at the outset, which is why we’re here to provide party wall advice.
So let’s take a look at exactly what a party wall notice entails, when you need to serve one, and how you can go about it in the most amicable way.
Serving notice: What does the Party Wall Act 1996 say?
Under the Party Wall etc. Act of 1996, anybody planning work that will affect a party wall or structure needs to provide the adjoining owner with written notice of the planned changes.
Do you need to serve a party wall notice?
According to the Act, there are several circumstances in which you’ll need to serve a party wall notice. In broad terms, these include:
Building on the line of junction (boundary)
Section 1 of the Act states that you’ll need to serve a party wall notice if you plan to:
- Build a new wall up to the boundary where the boundary is currently not built on (other than by a fence or masonry garden wall that doesn’t count as a ‘party fence wall’).
- Build a new wall astride the boundary where no wall currently exists, subject to express consent by the adjoining owners.
Carrying out works to a party wall, party fence wall, or party structure
Section 2 of the Act covers any works to a party wall, party fence wall, or party structure, including but not limited to:
- Cutting into the wall or structure, chasing-in new electrical cables, repairing, raising or rebuilding the wall or structure.
- Exposing the party wall by removing or replacing the roof covering.
Excavation
Under Section 6 of the Act, you’ll also need to take excavation work into account and serve notice if you plan to:
- Excavate for new foundations (or for any other excavation) within 3 metres of, and to a greater depth than, an adjoining owner’s structure.
You may also require a notice if you plan certain deep excavations within 6 metres of a boundary.
Project examples
It can be helpful to put a party wall notice into context, so here are some examples of projects that are likely to require serving notice:
- Repairing a party wall
- Inserting a damp-proof course on a party wall
- Raising the height of a party wall
- Demolishing and rebuilding a party wall
- Cutting into a party wall
- Extending a party wall down (e.g. forming a basement)
- Removing a chimney breast from a party wall.
If you’re still unsure whether your planned work will require serving a party wall notice, please feel free to get in touch with the team at Robert Turner Associates, and we’ll be happy to discuss your particular circumstances.
How much party wall notice is required before starting work?
Your party wall notice will only be valid for a year if your neighbour consents, so it’s best not to serve it too early in case there are delays to the start of your project. However, you will need to provide neighbours with a minimum of one or two months’ notice depending on which section of the act the notice falls under. We would always recommend serving before the statutory time frame to ensure delays are avoided. This notice period will give the adjoining owners the chance to understand the planned works and raise any concerns.
What should a party wall notice include?
Your party wall notice needs to be in written form and must comply with the Party Wall Act of 1996. Within the notice, we suggest you’ll need to include:
- Your contact details.
- The names and addresses of any other building owners.
- A proposed timeframe for your project (a start and end date).
- A description of the work you plan. This should clearly state the project location and the type of construction work you intend.
- Details of any access requirements — for example, if you need to reach a certain point of the party wall or move materials through shared land.
- Visual plans of the work. Section 6 notices have specific requirements for the drawings.
- A letter or form for your neighbour to use so they can acknowledge receipt of the notice and offer their consent or disagreement to the proposed project.
How to serve a party wall notice
Once you’ve worked out that you require a party wall notice, the steps of serving one are fairly straightforward.
- Write the notice, including all the elements mentioned above.
- Serve the notice to your neighbour by hand or by post. In some cases, you can email it to the recipient, but only if they have given prior consent for this type of communication. If posting, always take a copy and serve with proof of postage and not recorded delivery.
- If serving in person and you’re unable to pass to a person at the address, special procedures apply.
- Wait for your neighbour’s response. They usually have 14 days to respond, and can either consent to the work in writing, start a dispute process if they do not consent to the proposed work, or issue a counter-notice — this may occur if they want to request other work to the party wall.
- If you receive no response, you are obliged to write to the neighbours providing them a further 10 days to respond. Following this extended period and in the absence of a response, you would have the right to appoint a surveyor to act on their behalf.
If you’re considering serving your own notice, we would recommend discussing it with an experienced surveyor beforehand. The above is a guide only, not an exhaustive list. Be warned, if the notice is deemed invalid, all that follows would equally be invalid!
If your neighbour consents to the work, a party wall surveyor can draw up a written schedule of condition survey so you can go ahead with your project with peace of mind. If your neighbour disputes the plans, your surveyor can help you deal with the disagreement in the fairest way.
Serve a party wall notice with expert advice from Robert Turner Associates
The team at Robert Turner Associates has supported many property owners in the South East with serving a party wall notice and arranging fair, compliant agreements.
Guided by expertise in architecture and party wall matters, we can help make the process as smooth and stress-free as possible so you can build, renovate, or extend your property successfully.
To discuss your project, please feel free to contact our party wall experts today.
