If you’re planning to carry out construction work that affects a shared boundary or wall with your neighbour, it’s essential to serve a Party Wall Notice. This is a legal requirement under the Party Wall etc. Act 1996. But how do you go about serving one, and what steps do you need to follow? This guide will take you through the entire process, ensuring your project complies with legal regulations and that you maintain good relations with your neighbours.
What is a Party Wall Notice?
A Party Wall Notice is an official document that informs your neighbour about your planned construction work. This can include:
- Modifications to a shared wall (such as extending a property),
- Excavating near their property, or
- Constructing a new wall along the property boundary.
The notice gives your neighbour a chance to either approve the works, request changes, or disagree, in which case they can appoint a surveyor to mediate.
When Should You Serve a Party Wall Notice?
A Party Wall Notice must be given at least two months before work begins if it affects a shared wall or boundary. For excavation work, you must provide one month’s notice. Failing to give proper notice can lead to delays or legal disputes.
Step-by-Step: How to Serve a Party Wall Notice
1. Confirm When a Party Wall Notice is Needed
Before issuing a Party Wall Notice, make sure your work requires it under the Party Wall Act. You’ll need to provide a notice if you plan to:
- Work on an existing shared wall (such as demolishing or altering it),
- Dig within 3 to 6 meters of your neighbour’s property,
- Build a new wall along the boundary line.
If you’re uncertain, it’s always a good idea to consult with a Party Wall Surveyor for clarification.
2. Draft the Party Wall Notice
Although you can write the notice yourself, it’s important that it includes all the correct information. Incorrect notices can be invalidated. We recommend using an online Party Wall Notice generator to ensure the notice is properly formatted. It should include:
- Your name and address (the building owner),
- Your neighbour’s details (the adjoining owner),
- A description of the planned works,
- The intended start date of the work (ensuring the two-month notice period is met).
Make sure the notice is clear and concise to avoid mistakes that could delay the process.
3. Serve the Notice to Your Neighbour
Once the notice is prepared, you can deliver it to your neighbour in one of the following ways:
- By hand: This is the quickest method, ensuring the notice is received directly by your neighbour.
- By post: You can send the notice via recorded delivery and keep proof of posting for confirmation.
- By email: If your neighbour has agreed in writing to receive notices electronically, you can email the notice.
Keep a copy of the notice and proof of service for your records.
4. Wait for Your Neighbour’s Response
After serving the notice, your neighbour has 14 days to respond in one of three ways:
- Consent: If they agree to the work, they can provide written consent, allowing you to proceed.
- Dissent: If they disagree, the next step is to appoint a surveyor to resolve the matter.
- No Response: If they don’t respond within 14 days, it is treated as dissent, and a surveyor will need to be appointed to prepare a Party Wall Award.
5. Appoint a Party Wall Surveyor
If your neighbour dissents or doesn’t respond, both parties must appoint a surveyor. The surveyor will mediate the dispute and create a Party Wall Award, which outlines the details of the proposed work, access arrangements, and any protective measures for the adjoining property.
FAQs About Serving a Party Wall Notice
Q: Can I serve the Party Wall Notice myself?
Yes, you can serve the notice yourself, as long as it contains all the necessary information and is delivered correctly under the Party Wall Act. You can use our Party Wall Notice generator to create a compliant notice.
Q: What if my neighbour refuses to consent?
If your neighbour refuses to consent, or if they don’t respond, the matter will be handled by a Party Wall Surveyor, who will issue a Party Wall Award to ensure the work can proceed legally.
Q: How long does the entire process take?
The process can take several months, so it’s important to plan well in advance. Make sure to serve the notice well before you intend to start the work.
Conclusion
Serving a Party Wall Notice is a crucial step in any project that involves a shared boundary or wall. By following the steps outlined above, you ensure that you meet your legal requirements and avoid potential conflicts with your neighbours.