What you need to know when serving a Party Wall Notice

This is a written communication by the Building Owner informing the Adjoining Owner of his proposed works that are notifiable under the Party Wall etc Act 1996.

The Act states that it is the duty of the Building Owner to serve notice on the Adjoining Owner. However, very often this is done by a surveyor acting on the building owner’s behalf, providing that the surveyor has been given written authority by the Building Owner to do so.

A notice needs to be served if you are planning an extension which would require cutting into or cutting away from the party wall or excavating within 3m or 6m of your neighbour’s foundations and includes the following:

· Loft conversions and extensions

· Basements

· Removing chimney breasts or adding steels into the party wall

· Re-building or repairing a boundary wall

· Excavations within 3m of your neighbour’s property

· Building on, or up to the boundary between neighbours

We always advise that you discuss your planned work with your neighbours before you serve notice, as this allows you to maintain good communication before, during and after the works.

You don’t need to appoint a professional adviser to give Notice and there isn’t an official form, but you must include the following details:

· your name and address

· the address of the building you will be working on

· a full description of what work you propose to do

· your proposed start date.

The Notice should be dated, and we advise that you include a clear statement that it is a Notice under the provisions of the Party wall etc Act 1996.

The Notice can be delivered in person or sent by post. If you don’t know the Adjoining Owners’ names, it’s fine to address it to ‘The Owner’ although it will need to be delivered personally or displayed on a conspicuous part of the premises.

At least 2 or 3 months before you plan to start the work. This is because you have to give 2 months’ notice for certain types of works within the Act. Notices have to run, or you can start earlier but only by consent from the Adjoining Owner. The Notice is only valid for one year, so it’s best not to serve it too long in advance.

Your neighbour now has 14 days to respond and may:

· Give written consent for the works to go ahead

· Dissent to the notice in writing

· Do nothing.

If you neighbour doesn’t respond, it will be presumed they have refused consent and start the dispute resolution process.

The dispute resolution process will start if your neighbour dissents to the notice or doesn’t respond. They will then need to appoint a Party Wall Surveyor. They can decide to use the same surveyor as you i.e. an Agreed Surveyor or a different surveyor.

The Act carries no fines or penalties, but it is possible that the Adjoining Owner may apply to the court for an injunction ordering you to stop works.