What Are The Three Types of Party Wall Notices?
Under the Party Wall etc Act 1996 there are three types of party wall notice. They are:
A Section 1 Notice: Relating to building on or at the line of junction or boundary.
A Section 2 Notice: Relating to work on an existing party wall, party structure or party fence wall.
A Section 6 Notice: Relating to excavation work within certain distances of a neighbouring structure.
If you want to know more about any of these, then we have several videos that go into more depth on each one – just check out our YouTube channel.
Is There a Set Format to Follow?
No! There is no prescribed format you have to follow for your party wall notices. However, you will find that most surveyors will use a set of standard forms and templates, as this ensures the notice is valid and there are no problems with it.
Who Can Serve Party Wall Notices?
A party wall notice needs to be served by the building owner, otherwise it is not valid. The only exception is if you authorise a party wall surveyor to sign and serve party wall notices on your behalf.
Why Should Party Wall Notices Be In Writing?
Because if they aren’t in writing, they aren’t considered valid. A valid party wall notice has to be given and responded to in writing. Without written evidence, you can’t rely on the rights and provisions of the Party Wall etc Act 1996, which could cause a lot of complications in the future.
Why Are Party Wall Notices Important?
Simple – because the dispute process can’t be officially started unless notices have been served. This is important if any early works were negligent in some way and caused damage to a neighbour’s property. In this case, any dispute would have to be settled by the building owner as a matter of common law, which could end up being incredibly expensive! Party wall notices help avoid all of that, and make the process simple.
What Do They Need To Include?
The general aim of a party wall notice is to allow your neighbours to understand the construction work you’re planning. So your party wall notice must include the following:
• The name and address of the building owner – i.e. the person proposing to complete the works at their property. If there are multiple building owners, then the names and addresses of all of them must be included.
• The date. It’s vital to include this, since your neighbours will have 14 days to respond to your notice from this date.
• The date you propose to start your construction works. Even if things aren’t set in stone yet, remember you have to give a minimum of one month’s notice for works on or at the boundary and any excavation works, and you need to give two months’ notice for works to a party structure/wall.
• The signatures of all building owners
• If you’re serving the notice under section 6 of the Act, then you should also include plans and sections that show the depth, location and design or any excavation or foundations. However, at Harrison Clarke we recommend you provide drawings with all party wall notices, as it helps your neighbours understand your proposals and reduces disputes.
What Happens Once the Notices Are Served?
Once you have served a notice, the adjoining owner or occupier has 14 days to respond to it. If you don’t get a reply from them within 14 days, then they’re automatically deemed to have dissented. Then you would typically serve them with a further notice, which requires them to respond within 10 days. If, once again you get no response, then your surveyor will be able to make an appointment on their behalf. This way their interests are still represented by an independent third party, but nothing needs to be delayed due to non-response. Once an appointment has been made, the party wall Award can progress in the usual way.
At Harrison Clarke, we can prepare and serve your notices for you taking the stress away from you. If you would like some help with your notices, our team of experienced party wall surveyors are here to help. We also offer a 30-minute consultation for £100.00 including VAT where you can ask us any questions in relation to your Party Wall matters. Please feel free to call us on 023 8155 0051. We look forward to helping you.
We also have a range of videos talking through various aspects of the Party Wall process. You can access them via our website or our YouTube channel.
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