If you’re planning to undertake building works that could impact a shared boundary or wall, serving Party Wall Notices is a critical part of the process. In this article, we provide an overview of Party Wall Notices and share key tips on how to serve them effectively.
Types of Party Wall Notices
There are three main types of Party Wall Notices under the Party Wall etc. Act 1996:
- Section 2 Notice – Required when building on or near a boundary line (line of junction).
- Section 3 Notice – Needed when working on an existing party wall or party fence wall.
- Section 6 Notice – For excavation within three or six meters of a neighbouring property’s foundations.
What Should a Party Wall Notice Include?
While there is no formal template required by the Act, each notice must contain specific details to be valid. These details include information about the planned work and its potential impact on the adjoining property. Using a professional template helps ensure all necessary information is included. Mistakes in your notice could cause delays and disputes, so it’s crucial to get this right from the start.
It’s also important to remember that Party Wall Notices must be written—verbal agreements do not meet the legal requirements.
Who Can Serve a Party Wall Notice?
The Building Owner (the person planning the works) is responsible for serving the Party Wall Notice. However, you don’t have to serve it yourself. You can appoint a Party Wall Surveyor to handle the notice on your behalf, or you can ask them to draft it, leaving you to serve it yourself.
Be mindful of the process when appointing a surveyor. Your surveyor can prepare the notice but will only be involved in the Party Wall Award if there’s a dispute. Once you appoint a surveyor, they remain your appointed surveyor throughout the process, so it’s essential that you’re comfortable with your choice.
How Should Notices Be Served?
The method of serving Party Wall Notices can affect how smoothly the process goes. While posting notices is one option, it can often come as a surprise to your neighbour, especially if they weren’t expecting construction work. If you have a good relationship with your neighbour, hand-delivering the notice can be an effective way to ensure they understand your intentions and may even increase the likelihood of consent.
Clear communication is key. Taking the time to explain the process in person shows respect for your neighbour’s property and can help avoid unnecessary disputes. This approach not only improves the chances of agreement but can help maintain good relations throughout the project.
While we aim to avoid disputes wherever possible, if one does arise, both parties may incur additional costs and delays. In some cases, a Party Wall Award will be required, and you’ll be responsible for your neighbour’s surveyor’s fees, in addition to your own.