In the UK, the Party Wall Act 1996 governs building works that affect neighbouring properties, specifically those involving foundations to be dug within 3m of a neighbouring property, shared walls or structures known as "party walls" and "party" structures.
This act aims to protect the structural integrity of adjoining properties and prevent disputes between neighbours arising from such works.
What is a Party Wall Notice?
A Party Wall Notice is a formal document served by a building owner to their neighbours before commencing any works that may impact a party wall or structure. This notice provides detailed information about the proposed works, including their nature, extent, and potential impact on the neighbouring property.
When is a Party Wall Notice Required?
A Party Wall Notice is mandatory for various building works, including:
- Demolishing, excavating, or altering a party wall
- Excavating within three meters of a party wall
- Inserting new beams or RSJs into a party wall
- Raising the height of a party wall
- Making alterations to a party fence wall
How to Serve a Party Wall Notice
A Party Wall Notice must be served in writing to all affected neighbours, typically two months before the intended start date of the works. The notice should include:
- Details of the building owner and their surveyor
- A description of the proposed works
- Plans and drawings illustrating the works
- A statement of the building owner's intention to carry out the works
What Happens After Serving a Party Wall Notice?
Once a Party Wall Notice is served, the affected neighbour has two months to respond. They may either:
- Consent to the proposed works without objection
- Issue a counternotice if they have concerns about the works
In the absence of a response, it is assumed that the neighbour consents to the works. If a counternotice is received, the building owner and the neighbour must appoint joint surveyors to resolve any disputes and oversee the works.
Importance of Party Wall Notices
Party Wall Notices play a crucial role in ensuring transparency and preventing disputes between neighbours during building works. They provide a formal framework for communication and collaboration, ensuring that all parties are aware of the proposed works and their potential impact. By complying with the Party Wall Act, building owners can minimize disruptions to their neighbours and protect the structural integrity of adjoining properties.