If you’re planning a side extension, understanding the Line of Junction is crucial. This invisible boundary divides the lands of two adjoining properties and extends upwards, beyond just the ground level. If you’re constructing a new wall up to this line, but entirely on your land, a Line of Junction Notice is necessary under the Party Wall Act 1996.
However, if you want to avoid issuing the notice, you could adjust the wall placement slightly. But if you need access to your neighbour’s land for construction, serving the notice might be in your best interest.
When Does the Party Wall Act Apply?
The Party Wall Act comes into play when:
- The lands of two owners meet, but no current building stands at the line of junction.
- A boundary wall exists, but it’s not a party wall (i.e., not a shared or external wall of a building).
- Either owner plans to build at the line of junction.
A fence or non-masonry structure over the legal boundary line doesn’t count as a “building” under the Act. What qualifies is either a shared garden wall (party fence wall) or a neighbour’s structure that’s built up to or over the line of junction.
What is the Line of Junction Notice?
Practically speaking, building a wall right on the line of junction (within 0-10 mm) grants you access to your neighbour’s land for construction, according to the Party Wall Act. If you build further out, you lose that right unless you have prior agreement.
You must serve the notice to your neighbour at least one month before work starts, detailing:
- The work you’re proposing.
- Any relevant drawings.
- The date work is set to begin.
What to Include in the Notice?
Make sure your notice contains the following:
- The full name and address of the adjoining owner(s) (as per Land Registry or Companies House records).
- Your intention to build either a party wall astride the boundary or a wall up to the line of junction.
- A detailed description of the wall: height, length, materials, etc. It’s helpful to include any relevant drawings or context, such as “part of a single-storey extension”.
- The start date of your project.
What Happens After the Notice?
Once the notice is served, your neighbour has 14 days to respond with a counter-notice if they object. This counter-notice may suggest changes, such as altering the wall’s position, height, or materials.
Can You Proceed Without Consent?
Yes, after 14 days, you can begin your wall construction on your land without your neighbour’s consent, as long as it’s at your expense and adheres to the details provided in your notice.
Why Talk to Your Neighbour First?
While the Party Wall Act gives you the legal right to proceed, it’s always best to talk with your neighbour. A conversation can help resolve any concerns and may even lead to appointing a single joint surveyor to help with disputes. This surveyor will ensure the wall is built in an acceptable position and may address any costs your neighbour may incur if they want changes.
For any queries or to ensure your notice is properly handled, get in touch with us today at team@simplesurvey.co.uk.