If you’re planning building works that affect a shared or neighbouring structure, the Party Wall etc. Act 1996 may apply. This Act requires you to serve a Party Wall Notice on your neighbours before work begins. There are three main types of notices, each linked to a different section of the Act. Understanding which one applies to your project is crucial for compliance.
1. Section 1 Notice — New Walls on the Boundary
A Section 1 Notice is required if you intend to:
- Build a new wall directly on the boundary line, or
- Build a new wall astride the boundary line with your neighbour’s agreement.
Examples include flank walls for side or rear extensions.
Notice period: At least 1 month before work begins.
Additional right: The Act allows access to a neighbour’s land if necessary to build the wall safely and properly.
2. Section 2 Notice — Works to Party Structures
This applies when carrying out works directly to existing party structures, such as:
- Shared walls (semi-detached or terraced houses)
- Party fence walls (boundary garden walls)
- Party structures like floors and ceilings between flats
Typical projects include loft conversions with beams inserted into the party wall, chimney breast removals, raising the height of a wall, or underpinning foundations.
Notice period: At least 2 months before work begins.
3. Section 6 Notice — Adjacent Excavations
A Section 6 Notice is needed when excavating near a neighbour’s property if the works are:
- Within 3 metres and deeper than the neighbour’s foundations, or
- Within 6 metres and intersect a 45-degree line drawn from the bottom of their foundations.
This commonly applies to new foundations for extensions, basement excavations, or underpinning.
Notice period: At least 1 month before work begins.
Why These Notices Matter
Each type of Party Wall Notice is designed to protect both you and your neighbour. By serving the correct notice on time, you:
- Comply with the law
- Avoid costly delays or injunctions
- Give your neighbour reassurance about the works
- Trigger a fair dispute resolution process if they dissent
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