notice to their neighbors under this important piece of legislation. However, the process can be a bit complex, leading many to still be uncertain about what notifiable works are, and when notices need to be issued.
Following up on our recent video (and companion article) about damage caused by notifiable works, we thought it would be helpful to dive deeper into what notifiable works actually are and provide more clarity on when notices need to be given.
What Are Notifiable Works?
Under the Party Wall Act, the term “notifiable works” refers to construction activities that require you to serve a formal notice to your neighbor. The Act doesn’t just cover works directly involving a party wall; it encompasses any work that might affect the structural integrity or support of a shared party wall or structure, cause damage, or result in significant inconvenience to an adjoining property.
In simple terms, notifiable works include:
- Work on a shared party wall
- Excavations near a neighboring property
- Building along boundary lines
In general, if your project involves any of these elements—whether you’re altering a shared wall, digging near a neighboring structure, or working along the boundary line—you’ll likely need to serve a Party Wall Notice. It’s always a good idea to consult a professional to confirm if your planned works are notifiable.
What Types of Works Are Notifiable?
The Party Wall Act identifies three primary sections that outline what types of works are notifiable:
- Section 1 – Constructing new walls on the line of junction (boundary line).
- Section 2 – Works to a party wall, party structure, or party fence wall.
- Section 6 – Excavation and construction adjacent to a neighboring property.
Any works that don’t fall under these categories aren’t considered notifiable, which means no Party Wall Notice is required, and no Party Wall surveyor needs to be involved.
Can You Provide Some Examples?
Certainly! Here are some examples for each relevant section of the Act.
Section 1: When Do You Need to Serve Notice if You Are Planning to Build on the Site Boundary?
Any new construction that touches the line of junction (the boundary line between your property and your neighbor’s) requires a Party Wall Notice under Section 1. This applies whether you plan to build astride the boundary (on both properties) or entirely on your own land.
Some examples of works under Section 1:
- Garden walls: If you’re building a new garden wall along the boundary, you must serve a Party Wall Notice. However, a simple fence does not require a notice.
- Extensions: If you plan to build an extension that touches the boundary line, you need to ensure the eaves and gutters don’t extend over the neighbor’s land. Overhanging can lead to trespassing issues, which are separate from the Party Wall process.
If Section 1 applies, you must serve notice at least 1 month before starting any work. If the neighbor disagrees, you’ll need a Party Wall Award, which can take longer to resolve, so early notice is advisable.
Note: Section 1 only applies to constructing new walls. If there’s an existing wall you’re simply knocking down and rebuilding in the same place, or if your neighbor has already built a boundary wall, Section 1 does not apply.
Section 2: What Kind of Work to Existing Shared Party Walls or Party Structures Are Notifiable?
Section 2 covers most works that affect a shared party wall or other party structures (such as floors or ceilings that separate properties). Some common notifiable works under this section include:
- Supporting steelwork within a shared wall
- Raising the height of a party wall
- Underpinning or rebuilding a party wall
- Installing a new damp-proof course or flashing
Minor alterations, such as putting up shelves, redecorating, or renewing plaster, do not typically require a Party Wall Notice unless they affect the structural integrity of the wall.
If Section 2 applies to your works, you must serve notice at least 2 months before starting.
Section 6: When Do You Need to Serve Notice When Excavating?
Section 6 deals with excavation works near a neighboring property. You must serve a Party Wall Notice if:
- You’re excavating to a depth greater than your neighbor’s foundations within 3 meters of their building (or any structure on their land).
- Excavating within 6 meters if your excavation will intersect with a line drawn at 45 degrees from the bottom of your neighbor’s foundations.
Examples:
- Digging for new foundations or digging a trial pit to assess the depth of foundations near your neighbor’s property.
- Any excavation that goes deeper than the neighboring building’s foundations may trigger the need for a notice.
If Section 6 applies, you must serve notice at least 2 months before starting work.
Where Can I Get More Information?
If you want more details on the Party Wall Act, the UK government has published a helpful explanatory booklet that covers notifiable works and other aspects of the Act. You can also visit our website for additional resources, including more articles and videos that go into further detail on the Party Wall Act.
Final Thoughts
Understanding notifiable works is crucial when planning construction near a boundary or involving a shared structure. If in doubt, always consult a Party Wall surveyor who can help ensure you comply with the legislation and avoid any disputes or delays.