Property Owners
Party Wall Notices: If you are planning works that fall under the Party Wall etc Act 1996, notice needs to be served on all parties concerned.
Section 1 Notice / Line of Junction Notice
Applies when plans are drawn to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent, or up to the line of junction and wholly on one’s own land. If a proposed wall needs foundations to a lower depth than your neighbours’ foundations, a Section 6 notice could also be required. One month notice must be given before the building works commence.
Section 3 Notice / Party Structure Notice
Applies when plans envisage cutting into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather or enclose upon a wall on or at the line of junction turning it into a Party Wall. Two months’ notice must be given for a section 3 Notice.
Section 6 Notice / Notice of Adjacent Excavation
Applies when excavating within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations. One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.
Adjoining Owners : Consent or Dissent
If your neighbour intends to have building works carried out that involve alterations to your Party wall or excavations within 3 metres of your property, the Act requires that you are given due notice of the proposals and that agreement as to the execution of the works is in place prior to their commencement.
If you have received a Notice about proposed works your neighbours plan to carry out to their property, you are required to respond in writing within 14 days from the date on the Notice. If you would like Help or Advice in responding to any Notice served, please contact us.
There are two main ways you can respond: Consent to the Notice or Dissent to the Notice.
Consent – If you are going to consent to your neighbours proposed building works it is recommended to have a Party Wall Agreement put in place. The purpose of the agreement is to provide both parties with a written detailed framework of the proposed works and it includes a Schedule of Condition. This can be prepared by a Surveyor, who will prepare a record of the current condition of the adjacent areas prior to building works starting so that in the event of damage being caused it can be easily identified.
Dissent – If you are concerned that the proposed works may adversely affect your property and wish to dissent to the Notice, a Party Wall Award would be required before the work could start. It is a fair and impartial report, prepared by the Surveyor which will deal with the right to execute the party wall works, the time and manner of executing the work, and any other matters that arise between the parties concerned. Dissenting to the Notice is not a tool to delay or stop the proposed works.