While obtaining planning permission and Building Regulations approval is essential for ensuring the safety and legality of your construction project, these permits don’t cover the “neighbourly” issues that often arise when working near shared or adjacent structures. That’s where the Party Wall etc. Act 1996 comes in—addressing matters that relate to neighbourly rights and shared boundaries. Here’s why serving a Party Wall Notice remains crucial, even if you already have all the necessary planning and building approvals.
Do You Still Need to Serve a Party Wall Notice if You’re Not Touching a Shared Wall?
Yes, even if your construction doesn’t directly affect a shared (party) wall, you may still need to serve a Party Wall Notice. The “etc.” in the Party Wall Act’s title is a key detail—it covers not only work on shared walls but also:
- Excavations near neighbouring buildings (typically within 3 to 6 metres)
- Construction on or near boundary lines
So, if your work involves digging foundations near your neighbour’s property or building on the boundary line, the Act applies, and you must follow the required notice procedure.
Why Is Serving a Party Wall Notice So Important?
By serving a valid Party Wall Notice, you initiate the legal procedures required under the Party Wall etc. Act, which offers several benefits:
- Legal Protection for Your Work: Ensures your work proceeds lawfully and with proper consent from your neighbour.
- Protection of Neighbour’s Rights and Property: Protects the rights of both parties, preventing unwanted disputes.
- Statutory Rights: The Act grants you certain statutory rights that would otherwise be considered trespassing under common law, such as:
- Temporary interference with your neighbour’s right to support
- Cutting back overhanging structures
- Underpinning a party wall
- Accessing your neighbour’s land for scaffolding or construction
By following the prescribed procedures and serving the notice, you ensure a smoother, legally protected construction process for both you and your neighbours.
In Conclusion: Don’t Skip the Party Wall Notice
Even with planning permission and Building Regulations approval, serving a Party Wall Notice is a critical step to avoid future complications. It ensures your work is lawful, protects everyone’s rights, and helps maintain good neighbourly relations.
For more information or expert guidance on serving a Party Wall Notice, get in touch with us today at team@simplesurvey.co.uk.