If you’re planning construction or excavation near a shared boundary, it’s crucial to get your Party Wall Notice right. In this guide, we’ll walk you through the process of drafting and serving a valid Party Wall Notice, ensuring you stay compliant every step of the way.
What Are the Three Types of Party Wall Notices?
Under the Party Wall etc. Act 1996, there are three distinct types of notices that can be served, depending on the type of work you’re planning:
- Section 1 Notice: For building work at or along the boundary line.
- Section 2 Notice: For work on an existing party wall, party structure, or party fence wall.
- Section 6 Notice: For excavation work near a neighboring structure.
We have several videos available on our YouTube channel if you’d like to dive deeper into any of these notices.
Is There a Set Format to Follow?
There is no mandatory format for Party Wall Notices, but most surveyors use standard templates and forms to ensure the notice meets all legal requirements. This helps avoid any potential issues later on.
Who Can Serve Party Wall Notices?
Typically, the building owner (the person planning the works) must serve the notice. However, you can authorize a Party Wall Surveyor to serve it on your behalf. Without this step, the notice won’t be considered valid.
Why Should Party Wall Notices Be in Writing?
Party Wall Notices must be given in writing to be legally valid. Without written notice and a written response, you can’t rely on the protections offered by the Party Wall Act, which could lead to disputes and complications down the line.
Why Are Party Wall Notices So Important?
Simply put, without a Party Wall Notice, the dispute resolution process can’t officially begin. This is critical if any damage occurs to a neighboring property during construction. In such cases, the building owner could be liable for costs through common law, which can become very expensive. Serving Party Wall Notices ensures your construction plans are communicated and reduces the risk of costly disputes.
What Must Be Included in a Party Wall Notice?
A valid Party Wall Notice needs to include enough detail to clearly inform your neighbors of your planned works. Here’s what it should contain:
- Your Name and Address: Include your full name and address as the building owner. If there are multiple owners, include everyone’s details.
- The Date of Notice: This starts the 14-day countdown for your neighbor’s response.
- Proposed Start Date of Works: Include the expected start date for your construction. You need to provide at least one month’s notice for boundary or excavation works, and two months’ notice for work to a party wall or structure.
- Signatures of All Building Owners: All building owners must sign the notice.
- Plans and Sections: If serving a Section 6 Notice, include detailed plans showing the depth, location, and design of any excavation or foundations. While this is specifically required for Section 6, we recommend including drawings with all notices to make it easier for your neighbors to understand your plans and minimize disputes.
What Happens After You Serve a Notice?
Once you serve the notice, the adjoining owner or occupier has 14 days to respond. If they don’t respond, they are automatically considered to have dissented. In this case, you’ll typically serve a second notice, giving them an additional 10 days to reply. If you still receive no response, your surveyor can step in and act on their behalf to ensure the process continues.
Once an appointment has been made, the Party Wall Award process can proceed as usual, and your construction work can move forward with the necessary permissions.
Get Professional Help to Navigate the Process
Creating and serving a Party Wall Notice might seem straightforward, but there are many details to keep track of to ensure you’re fully compliant. To avoid costly mistakes, consider getting help from a qualified Party Wall Surveyor. Simple Survey can assist you with drafting and serving your notice, as well as resolving any disputes that arise during the process.
Need help with your Party Wall Notice? Contact Simple Survey today, and our expert team will guide you through the entire process with confidence and ease!