A party wall notice can be a very important preliminary step to any construction or renovation project where shared walls and boundary walls are concerned, or excavations near neighboring properties are involved. The following are ways to serve a party wall notice in conformance with legal requirements. Best practices to avoid disputes and ensure a trouble-free project. Easy Guide: How to Serve a Party Wall Notice Correctly
Understanding the Party Wall Notice
A party wall notice is a formal letter to your adjacent neighbors mentioning that you plan to conduct work coming under the Party Wall etc. Act 1996. The notice should be issued before commencing the work and must contain adequate detail of the work that is planned to be executed.
Types of Party Wall Notices
There are three types of party wall notices:
Line of Junction Notice: This is in regard to the construction of a new wall on or at the boundary line shared between parties.
Party Structure Notice: This is for works to be carried out on an existing party wall or structure. Example, where works involve cutting into a wall to insert a beam or want to raise its height.
Notice of Adjacent Excavation: For excavations in such a way that three or six meters of a neighbouring building, depending upon the depth of excavation.
Best Practice to Serve Party Wall Notice
Timing of Service: Serve the notice a good time in advance of the intended start. The Act requires two months’ notice for work to a party wall or structure and one month’s notice for excavation works.
Description: A fair description of the proposed works, including plans and sections if necessary. This helps adjoining owners appreciate the nature and extent of the work likely to be undertaken.
Identification: The properties should be identified clearly, stating your property and the adjoining one. You must attach the names and addresses of the property owners.
Accurate Information: The information in the notice must be correct and complete; failure to do so may render the notice null and cause delays.
Written Notice: Serve the notice in writing. Although the Act provides that notices may be served electronically, it is often better to serve notices in writing for clarity and proof.
Proof of Service: Obtain proof of service, such as a signed receipt or a certificate of posting. This may be helpful if there are disputes over whether the notice was duly served.
Legal Requirements
Content Requirements: The notice must contain:
- Your name and address.
- Address of the building where the work is proposed to be done.
- A detailed description of the proposed work.
- The proposed start date.
Serving the Notice: It is to be issued directly to the adjoining owner. In case of inability to reach them, you can issue it to a tenant or send it to the owner’s last known address.
Response Timing: Adjoining owners have 14 days to respond to the notice, and they may consent or dissent, or do nothing. Failure to respond is considered a dissent, and a surveyor is required to be appointed.