When Should A Party Wall Notice Be Served?
Building works have commenced … is it too late to serve notice under the Party Wall Act?
A party structure notice is a document that gives notice of building works you intend to carry out to a party wall. This notice is given to any neighbors that share a wall or boundary and explains what works you will have done on your property.
While many building owners like to wait until the planning permission has been approved to start working on their party wall notice, is this the best course of action? Failing to get a signed agreement from your neighbors can delay the start of building works and sour your relationship with your neighbours.
When Should I Serve A Party Wall Notice?
This depends on what buildings works you are completing…
1. Building on the Line of Junction
This follows Section 1 of the Act about building on the line of junction (the boundary line between two properties.) If a building owner plans to build a party wall or fence on the line of junction, you must serve a party wall notice one month before you plan to start any building works.
2. Works to a Party Structure
In this case, you must follow Section 2 of the Act that pertains to modifying an existing party wall or structure. For building works that fall into this category, the building owner must serve the party wall notice at least two months before any building works begin.
Although people often talk of the Party Wall Act, it actually includes any part of your house that separates it from another property. This means apartment floors and ceilings can be covered by the act!
3. Adjacent Excavation within 3m-6m
In a situation where adjacent excavation is involved, you must adhere to Section 6 of the Act. The section applies when a building owner plans to excavate within 3 to 6 meters of the party wall or below the adjacent property’s foundation. This party wall notice must be served by the building owner one month before building works commence on the property.
I have started building works already … can I still serve notice?
It depends. When you serve notice you are giving advanced warning of your intention to complete certain works. If you have already started those works then it is too late to serve a valid notice.
If on the other hand you have started building works, but NOT works covered under the Act you may still serve notice and benefit from the protection provided by the Act. For instance if you have started demolition works, but not excavation works you may still serve a valid Party Structure Notice.
If in doubt it is best to contact a Party Wall expert to advise you if a valid notice can be served.
What Should Your Party Wall Notice Include?
Your party wall notice must include 1) The name and address of the Building Owner, 2) a description of the building works that will take place and 3) the date you intend to start building works. To ensure that there are no delays or rejection with your party wall notice, aim to include the following:
The name and address of all building owners
Signature of building owners or their representative (such as a Party Wall Surveyor)
The date on which the notice is delivered or posted
Provide a detailed explanation of the proposed works
The start date of the proposed building works
Drawings of special foundation and footings (Section 3 Party Notices)
Detailed drawings of site and depth of excavations/ foundation strengthening work (Section 6 Party Notices)
What Happens If I Fail to Serve Notice?
Without a party wall notice, nothing is protecting you legally should your neighbors decide to take you to court. If your neighbor makes exaggerated or fraudulent claims about the planned building works or damage caused, it’s their word against yours. You may have to pay for the damage claims, even if it’s not your fault.
On the other hand, let’s say you serve a party wall notice with incorrect or invalid information. Unfortunately, the party wall notice process often has to start over when this happens, meaning that the notice must be served again. This results in the start date being pushed back, costing you valuable time and money. To avoid this inconvenience, work with a professional surveyor to ensure that your party wall notice is correct the first time around.
Contact Cubit Party Wall Surveyors to Serve Your Party Wall Notice
Do you need a party wall surveyor to serve as your representative? Reach out to Cubit Party Wall Surveyors to help guide you through the party wall notice process and act on your behalf. Serving the Greater London area, we are here to help you navigate the world of party wall notices and keep your building project on track. Contact us today to see how we can help.
