In this guide, we’ll walk you through the steps of creating and delivering a legally compliant party wall notice, making sure you’re clear about every stage of the process.
What Are the Three Types of Party Wall Notices?
Under the Party Wall etc. Act 1996, there are three key types of notices:
- Section 1 Notice: For construction at or near the boundary line.
- Section 2 Notice: For work involving an existing party wall or structure.
- Section 6 Notice: For excavation activities near a neighbouring property.
Do You Need a Specific Format?
There’s no mandatory format for party wall notices, but surveyors typically use standardized templates to ensure that the notice is legally valid and error-free.
Who Is Authorized to Serve Party Wall Notices?
The building owner is responsible for serving the party wall notice. The only exception to this is when you appoint a party wall surveyor to issue the notice on your behalf.
Why Must Party Wall Notices Be Written?
To be legally valid, party wall notices must be provided in writing. Without written notice, you won’t have any formal evidence to support your rights under the Party Wall etc. Act 1996, which can create significant legal issues later on.
Why Are Party Wall Notices Necessary?
Simply put, you cannot start a formal dispute process without having served the proper notices. If any early works result in damage to a neighbour’s property, the dispute must be settled under common law if no notice has been served, which could lead to costly outcomes. Party wall notices ensure that the process is clear and legally sound, helping to prevent these problems.
What Should a Party Wall Notice Include?
The purpose of the party wall notice is to inform your neighbour of the work you’re planning. Therefore, it must include the following details:
- The name and address of the building owner(s) (all owners must be listed if there are multiple).
- The date the notice is issued, as your neighbour has 14 days to respond from this point.
- The proposed start date for the works. Keep in mind that you need to provide at least one month’s notice for boundary or excavation work, and two months’ notice for party wall work.
- Signatures from all building owners.
- If the notice is served under Section 6 (for excavation), include detailed drawings showing the depth, location, and design of any planned excavation or foundations. We recommend submitting drawings with all notices as this helps your neighbours better understand your plans and can help prevent disputes.
What Happens After You Serve the Notice?
Once the notice is served, the adjoining property owner or occupier has 14 days to respond. If there’s no response, they are considered to have objected. At this point, you would send a reminder notice, providing an additional 10 days for a reply. If there’s still no response, your surveyor can act on their behalf, ensuring that their interests are taken into account and preventing delays. After this step, the party wall award process can move forward as normal.