Serving a Party Wall Notice?
A Party Wall Notice is a legally required notice (or letter) that provides an adjoining owner (or neighbour) with an overview of intended building works. These are works that under the Party Wall etc. Act 1996 are deemed to potentially affect the recipients (neighbours) property. Depending on circumstances notice needs to be served a minimum of 1 or 2 months before works commence.
Notice must be served for various notifiable works that fall under the Party Wall etc. Act 1996. Notifiable works are not limited to building work to or affecting party walls. Adjacent excavations are also included.
Typical projects that fall within the sphere of the Party Wall Act are removal of a chimney, loft conversion, basement conversion, extension, demolishing of outbuildings and garages, works to garden walls, demolishing walls, building new walls on the boundary line, along with several other possibilities.
When do I need to serve a When to Serve a Notice?
A party wall notice must be served if you are planning to carry out building works that fall within the Act – building work involving a party wall, include building against a party wall, works to or involving a party wall structure, a party wall fence OR you are going to be building on or directly adjacent to the boundary OR you are going to be excavating within 3 or 6 metres a hole, trench or otherwise that will be deeper at any point than the lowest point of a neighbour’s property, you have a legal obligation to serve notice on the affected building owner.
Failure to serve a party wall notice could render the building works unlawful and potentially costly legal proceedings that could substantially delay the project.
The Act ensures your project is legal and helps reduce the likelihood of costly legal proceedings in the case of an unforeseen incident occurring during the notifiable works.