Notifiable Building Works under the Party Wall etc. Act 1996

Certain types of building work require notification under the Party Wall etc. Act 1996. These works, known as notifiable building works, may affect shared walls, boundary structures, or neighbouring foundations.

Types of Notifiable Works

1. New Building on the Line of Junction

• Constructing a new shared wall or structure along the boundary line with your neighbour.
• This may involve building partly on your land and partly on the adjoining owner’s land.

2. Excavation Work

Excavations that may affect neighbouring foundations include:

• Digging within 3 metres of an adjoining building or structure and below its foundation.
• Excavating within 6 metres if the work falls inside a 45° downward plane from the neighbouring foundations.

3. Repair, Alteration, or Structural Work on a Party Wall

Examples of works that fall under this category:

• Removing chimney breasts.
• Installing steel beams or supports.
• Raising or underpinning a party wall.
• Exposing the wall for construction purposes.
• Any other work that affects a shared wall or structure.

What You Need to Do

If You Are the Building Owner

If you plan to carry out notifiable building works:

1. Serve Notice to Adjoining Owners
   • You must notify any affected neighbours before starting work.
   • Notices can be served by yourself, but incorrectly served notices can invalidate any Party Wall Award and may cause significant legal and financial complications later.
2. Wait for Consent or Award
   • You cannot begin work until:
     • The adjoining owner has given written consent, or
     • A Party Wall Award has been issued by a party wall surveyor.
3. Responsibility for Costs
   • All reasonable surveyor fees involved in preparing the Award are typically the responsibility of the building owner.

Pro Tip: Serving notices correctly the first time avoids costly delays and court action.

If You Are the Adjoining Owner

If your neighbour intends to carry out notifiable building works:

1. Notice Period
   • You should receive a Party Wall Notice 1 or 2 months before the work starts.
   • You have 14 days to respond.
2. Your Options
   • Consent – The works can proceed without further action.
   • Dissent – You may appoint a surveyor to prepare a Party Wall Award.
     • We can act as your Agreed Surveyor or solely as your surveyor.
3. Protecting Your Rights
   • Incorrectly served notices may invalidate any Award in court.
   • Acting promptly ensures your property and interests are protected.
4. Costs
   • Reasonable fees for determining the Award are borne by the building owner, not you.

Why Choose Professional Guidance?

At Simple Survey, we ensure that notices are served correctly, your rights are fully protected, and works proceed lawfully. Our team is committed to acting fairly, resolving disputes efficiently, and preventing costly delays.

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Email: team@simplesurvey.co.uk

FAQS

Q1. What are notifiable building works under the Party Wall Act?
Notifiable building works are specific construction activities that affect a party wall, boundary wall, or nearby excavation and legally require notice under the Act.

Q2. Do all building works require a party wall notice?
No. Only works defined as notifiable under the Party Wall Act require formal notice to be served on adjoining owners.

Q3. Are excavation works considered notifiable?
Yes. Excavations near neighbouring properties are notifiable if they meet depth and distance criteria set out in the Act.

Q4. What happens after notifiable works are identified?
Once works are identified as notifiable, a party wall notice must be served and, if required, surveyors appointed to agree how the works proceed.

Q5. Why is it important to identify notifiable works correctly?
Correctly identifying notifiable works ensures legal compliance, prevents disputes, and avoids delays or enforcement issues under the Party Wall Act.