For many property owners, the first encounter with the Party Wall etc. Act 1996 occurs when a legal notice is received. Under the Act, a property owner intending to carry out certain types of building work is required to notify their neighbour in advance.
There are three primary types of Party Wall Notice, determined by the nature of the proposed works:
1. Party Structure Notice
This notice is applicable where works directly affect an existing party wall and is served under Section 3 of the Act, covering works described in Section 2(2)(a–n). Typical examples include:
- Cutting openings to insert beams or padstones
- Installing flashings
- Removing chimney breasts
Notice period: 2 months
Required contents:
- Name and address of the building owner
- Detailed description of the proposed works
- Intended start date of works
2. Notice of Adjacent Excavation
This notice relates to excavation works near a neighbouring property and is governed by Section 6 of the Act. It applies in situations where:
- Excavations occur within 3 metres of a neighbouring property and to a depth below the neighbour’s foundations
- Excavations occur within 6 metres and intersect a 45-degree line drawn from the base of the neighbour’s foundations (common in piled foundation works)
Notice period: 1 month
Required contents:
- The same information as a Party Structure Notice
- Plans and sections illustrating the position and depth of the excavation
3. Line of Junction Notice
This notice, less commonly required, is served under Section 1 of the Act and applies when you intend to:
- Build a new wall up to the boundary line
- Build a new wall astride the boundary line
Notice period: 1 month
Important considerations:
- If building up to the boundary line, and no response is received from the neighbour, works may proceed once the notice period has expired. Footings and foundations (excluding reinforced “special foundations”) may extend beneath the neighbour’s land if necessary.
- If building astride the boundary, the neighbour’s written consent is required. Absent consent, the wall must be constructed entirely on your property.
Serving a Notice
Notices may be delivered in person or by post. If the neighbour’s name is unknown, the notice may be addressed to “The Owner” and either delivered by hand or displayed conspicuously on the property.
Non-Response by the Neighbour
If the neighbour does not respond within 14 days, the law treats the matter as a dispute. In such cases, both parties are required to appoint a Party Wall Surveyor to resolve the issue.
Professional Assistance
At Simple Survey, we provide clear guidance and efficient handling of Party Wall Notices. As one of the most cost-effective Party Wall Surveyors in the UK, we simplify the process and ensure compliance with statutory requirements.
đź“© Contact us at team@simplesurvey.co.uk to serve your Party Wall Notice with confidence.