Party wall notice

Are you planning on doing construction on your property and require a party wall agreement? You might need a party wall agreement. If yes, it’s necessary to obey the law. As per the act, if the owner needs to renovate his property that involves the boundary wall, he must send a written document to his adjoining neighbour for consent. Without the adjoining neighbour’s approval, the intended construction cannot take place. In this article, we will discuss the service of posting party wall notices. 

First, you must determine the legal owners of all the affected properties. If any of the affected properties are occupied by tenants with more than one year’s tenancy agreement, you must notify the tenants and the owner. You can serve it when you have all the details of the affected owners and tenants. 

What are Party Wall Notices? 

The notice is served under Sections 1, 3, and 6 of the Party Wall Act 1996. It needs to be given to the owners of the neighbouring properties between two months and one year before work begins. 

It is preferable to serve a notice as soon as possible, within a year of getting it, to prevent delays. First, speak to them face-to-face before taking any action. That will help keep misunderstandings and conflicts related to the party wall, etc, to a minimum. 

Importance of the Party Wall Notice According to the Party Wall Act 1996 

The Party Wall Act 1996 is a UK law. It provides a way to settle disputes between neighbours. They are about party walls, boundary walls, and excavations near neighbouring buildings. The act is designed to protect the rights of property owners and ensure that any work carried out on a party wall is done safely and responsibly. 

One of the most important parts of the Party Wall Act is that the owner(s) of the property next to the wall must get a Party Wall notice. They must get it before any work can be done on the wall. It must be served at least two months before the work’s proposed start date. It must outline the work’s nature, scope, and any risks or disruptions to the adjoining property. 

How Does a Notice Help Both Adjoining Owners? 

You can’t overstate how important it is to serve a party wall notice. If you don’t, the person doing the work could be sued by the adjoining owner. It allows the adjoining owner to raise any concerns or objections they may have and appoint a party wall surveyor to protect their interests. 

In addition to protecting the rights of adjoining owners, the Party Wall Act also helps to ensure that any work carried out on party walls is done in a safe and responsible manner. This is done by making it necessary to hire a party wall surveyor to keep an eye on the work and make sure it’s done in accordance with the act. 

What Key Elements Should the Notice Include? 

The notice should contain ample clarity and a straightforward explanation of the work to allow a neighbour to consider what you want to do and how it will affect their property or house. 

The notices must include the below-mentioned details: 

• Contact information—the contact details, names, and addresses of all parties involved 

• Description of the work—the nature and full details of the proposed work, why it may be useful to add plans, and what you must do regarding excavation works. 

• The date when the work will start 

• The date of the shipment’s arrival or the date of mailing, whichever works best for you 

• Mention what you want to build and when you are ready to start. 

Types of Party Wall Notices 

Below are the three different kinds of building work that require you to give notice to adjoining owners: 

• A party structure notice: If you are doing work that may affect an existing party wall or floor separating parts of the building, or if you are planning a loft conversion and you need to cut into a party wall to insert the end of a beam, you must serve the notice on the adjoining owner. 

• A line of junction notice: this type is for building a new wall up to or off the party wall. 

• Adjacent Excavation Notice: When you plan for excavations within 3 or 6 meters of your neighbour’s building, it’s vital to note the significance of excavating within that range and the requirement to follow the notice period meticulously. 

Other common works affecting the party wall that require a notice include injecting a damp-proof course into a party wall, underpinning, demolishing, removing projections, and thickening and rebuilding a party wall. 

Who Serves the Notice? 

The property owner or their agent, like a builder or architect, will do the work. They must serve the party wall notice as the 1996 Party Wall Act requires. Note: it must be served on all affected adjoining property owners. This includes any owner whose property shares a boundary with the property doing the work. It also includes any owner separated from the work by a party wall or party fence wall. 

What to do if There are Multiple Adjoining Property Owners? 

If there is more than one adjoining property owner, each owner must be served a separate notice, underlining the complexities involved in notification processes for party wall matters. It is recommended that it should be served by registered mail or by hand delivery in order to ensure that it is received by the adjoining property owner(s). The notice must be served. It should include a detailed description of the proposed work. This includes the start date and duration of the work and any risks or disruptions to the adjoining property. It is also recommended that the notice be served at least two months before the proposed start date of the work in order to allow sufficient time for the adjoining property owner(s) to respond and appoint a surveyor if necessary. 

Other Types of Legal Documentation Required in the Party Wall Matters 

Legal paperwork is very important when there are problems with a party wall because it helps make sure that everyone knows their rights and responsibilities under the Party Wall Act 1996. The two most important legal documents in party wall matters are the party wall agreement and the award. 

Party Wall Agreement 

The party wall agreement is a legal contract between the owner of the property doing the work and the owners of the properties next door that will be affected by the work. The agreement outlines the nature and scope of the proposed work as well as any measures that will be taken to protect the adjoining property, such as the appointment of a surveyor. The agreement may also include provisions for the payment of any costs associated with the work, such as surveyor fees or repair costs. 

Importance of a Party Wall Agreement

The importance of the party-wall agreement lies in its ability to provide a clear and unambiguous record of the agreed-upon terms between the parties. This can prevent disputes or misunderstandings, especially in cases involving excavating within 6 metres of an adjoining property. They may arise during or after the work. It can also provide a basis for legal action if one party breaks the terms of the party wall agreement.

Party Wall Award 

Following the resolution of any disputes that may arise during the work, the appointed surveyor issues the party wall award, which is a legally binding document. The award sets out the rights and obligations of each party, as well as any measures that will be taken to protect the adjoining property. The award may also have rules about how to pay for any costs related to the work and how to compensate the owner of the property next door for any damage or trouble caused by the work. 

The Importance of the Party Wall Award 

The party wall award is important because it can settle any disagreements that come up during the work in a way that is clear and legal, thereby avoiding potential disputes over shared walls. The award is binding on both sides and if one side doesn’t follow its rules, the other side can take legal action against them. 

What Happens After Serving Notice? 

When the notice about the proposed work is given, your adjoining owner has three options: 

• Give your consent, allowing your neighbour to proceed with the construction work. 

• If you don’t respond to the notice, your neighbouring building owner may hire a party wall surveyor to settle the dispute. 

• If the neighbouring owner doesn’t do anything within 14 days of receiving the notice, there seems to be a problem. Your neighbour will appoint a party wall surveyor, emphasizing the need for a shared wall agreement. To resolve the issue. Or you can also seek a surveyor to represent your interests. 

If you are planning a renovation project or an extension, and the planned work has been established under the permit, serving the notice is a requirement to make the process easy, and it can save you from unnecessary delays. 

Why Choose AAAPWS?

When it comes to party wall matters, including shared wall concerns, trust us to guide you through the process seamlessly. Whether you’re excavating near a neighbour’s property, altering an external wall, or need to serve formal notices, we’ve got you covered.

Our experts handle everything from preparing notices to negotiating agreements, ensuring full compliance with regulations. With our support, you can navigate the party wall process with confidence, including insights into party wall award and agreement details.

Count on us for efficient, reliable service that covers all aspects of the Party Wall Act. Reach out today for expert assistance tailored to your needs, including advice on the notice period required for party wall agreements.