Party Wall Notices
The Party Wall Etc Act 1996 requires that notice be given to neighbouring owners where it is considered likely that the proposals of a neighbour will be likely to affect another neighbouring structure. It is a legal duty for a Building Owner to serve the appropriate notices in the correct manner. Failure to do so can result in an injunction being sought to stop the works.
Notices can be served in person or via post but in order to be valid all notices must contain the following information:-
- Name and address of the building owner
- Nature and particulars of the proposed work
- Date on which the work will begin
WHAT IS A PARTY WALL NOTICE?
A Party Wall Notice is a legal document that is prepared by a building owner or his/her representatives regarding works that he/she intends to carry out in close vicinity to a neighbouring structure or to the boundary line. The Notice is intended to inform neighbouring owners (which can include longterm leaseholser etc) of the implications of their proposals on the neighbours. There are 3 types of notices, Line of Junction, Party Structure and Notice of Adjacent Excavation.
In many situations more than one type of notice is required and it is essential that you ensure all notices required under the Act are given.
WHEN DOES A PARTY WALL NOTICE NEED TO BE SERVED?
Party Wall Notices should be served at the earliest opportunity in order to ensure that there is sufficient time for the notice to run and for negotiations, if a dispute arises, to be undertaken. However notices are only valid for 12 months so caution should be given so as not to serve the notice too early either as they may then expire before works commence. This is not usually an issue with smaller domestic scenarios but should be factored into larger, longer term projects.
Party Structure Notices are Required to be served 2 calendar months prior to the commencement of works and Line of Junction and Notice of Adjacent Excavation 1 calendar month prior to the commencement of works.