Embarking on a property renovation, such as an extension or loft conversion, is an exciting venture, but it comes with a host of responsibilities. Among the paperwork and permissions you’ll need to sort through, one key document you may hear about is a Party Wall Notice. But what exactly is it, and when do you need to issue one?
Let’s break it down.
What is a Party Wall?
A party wall is a shared wall between two neighbouring properties, typically in semi-detached or terraced houses. This could include:
- Garden walls (often called party fence walls).
- Walls that separate buildings of different sizes – only the part used by both properties counts as a party wall, with the rest belonging to the property owner whose land it’s on.
The Party Wall Act 1996 came into effect to set clear rules about building work affecting these shared structures. It lays out specific procedures homeowners must follow when carrying out work that impacts a party wall, garden wall, or even new walls along boundaries.
What is a Party Structure Notice?
A Party Structure Notice is a formal written notice served under Section 3 of the Party Wall Act. This notice is required when certain types of work are planned that affect a party wall or party fence wall.
While the notice is technically issued under Section 3, it covers works described in Section 2 (2) subsections (a) to (n), which involve tasks like raising, underpinning, or demolishing party walls.
If the notice is not acted upon within a certain timeframe, it becomes invalid.
When Do You Need to Issue a Party Structure Notice?
If your building work affects a shared wall or boundary in any of the following ways, you’ll need to serve a Party Structure Notice to your neighbour:
- Cutting into a wall (e.g., for a beam in a loft conversion).
- Inserting a damp proof course (even if only on your side of the party wall).
- Raising a party wall, and possibly removing any obstacles that may prevent the work.
- Demolishing and rebuilding a party wall.
- Underpinning a party wall or part of it.
- Weathering the junction of adjoining walls by cutting a flashing into a neighbouring building.
What Must You Include in a Party Structure Notice?
To ensure your Party Structure Notice is valid, it must include the following details:
- Your Name and Address – The details of the property owner(s) carrying out the work.
- Adjoining Owner’s Name and Address – The neighbour(s) whose property is affected.
- Details of the Proposed Work – A detailed description of the planned works. While drawings are not mandatory, it’s important to give enough information so your neighbour can understand the impact.
- Start Date – The date you plan to begin the work. The notice must specify that work will not commence until at least two months have passed, unless the adjoining owner agrees to an earlier start date.
- Surveyor Information – While not mandatory, it’s a good idea to include the details of your appointed surveyor, especially if you think the adjoining owner may want to consider them as an ‘Agreed Surveyor’.
What Happens After Serving the Notice?
Once the notice has been served, your neighbour (the adjoining owner) has 14 days to respond. There are several possible outcomes:
- Agreement – If your neighbour agrees in writing, work can begin after the two-month notice period.
- Objection or No Response – If your neighbour objects or fails to reply, the matter becomes a dispute. In this case, you’ll need to formally appoint an experienced party wall surveyor to resolve the issue and create a Party Wall Award.
Summary
In short, a Party Structure Notice is an essential part of the process when carrying out any work that affects a party wall. It’s there to ensure that both you and your neighbour are aware of the planned work, and that their property is protected. If your neighbour doesn’t respond or disagrees with your plans, a party wall surveyor will help mediate and create a Party Wall Award.
If you’re unsure whether you need to issue a Party Structure Notice or need help with the process, contact us at team@simplesurvey.co.uk. We can guide you through the procedure, ensuring everything is handled correctly and that your project stays on track.