When planning building works near a boundary, the Party Wall etc. Act 1996 requires you to serve the correct type of Party Wall Notice. Choosing the right one is crucial — the wrong notice could cause disputes, delays, and even force you to restart the process.
Here’s a simple guide to the three types of Party Wall Notices and when each applies.
1. Party Structure Notice (Section 3)
This notice is served when works are planned directly to an existing party structure. Examples include:
- Inserting beams for a loft conversion
- Removing a chimney breast
- Underpinning foundations
- Raising or reducing the height of a party wall
Notice period required: 2 months before works begin.
This gives your neighbour time to review the proposal and either consent or dissent.
2. Notice of Adjacent Excavation (Section 6)
This notice applies when works involve excavating near your neighbour’s property. You must serve this notice if:
- Excavating within 3 metres of a neighbour’s foundations and going deeper than theirs
- Excavating within 6 metres where the depth of the new foundations intersects with a 45-degree line drawn from the bottom of their existing foundations
Examples:
- Building a basement
- Extensions with deep foundations or piling
Notice period required: 1 month before works begin.
3. Line of Junction Notice (Section 1)
This notice covers new walls built at or astride the boundary line. Common scenarios include:
- Building a rear extension where the new wall sits directly on the boundary
- Constructing a wall astride the boundary with neighbour’s consent
Notice period required: 1 month before works begin.
Why Serving the Right Notice Matters
- Serving the wrong notice can make it invalid, forcing you to restart.
- Invalid notices risk delaying contractors, increasing costs, and damaging neighbourly relations.
- Professional drafting ensures the correct notice is used, details are accurate, and the process is compliant with the Act.
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