Often, a single building is owned by two or more owners. Usually the individual portions of each owner are separated by the party walls. These party walls do not always necessarily have to be positioned at the center of the wall. The Party Wall etc. Act 1996 was created to settle all complications which may arise between adjoining owners during any work on the property. As per this act there are three types of party wall notice that a building owner may have to serve to an adjoining owner for doing any work which might fall under the acts under this act.
When it comes to a construction work it is better to seek help from a professional with a profound knowledge on this subject matter, be well versed in party wall notice procedures and possess a proper educational qualification. The Party Wall etc. Act identifies a Party Wall Surveyor as a person who is not directly linked to either of the owners and are assigned to supervise the matter on behalf of the adjoining owners.
According to the Party Wall etc. Act the Party Wall Notices are of three types.
Party Structure Notices
Any alteration which directly affect the party wall, like cutting holes to insert beams and padstones, etc. This type of notice is served under section 3 of the Party wall act and they cover the works described in section 2 (2) sub sections (a) to (n). The party structure notice has a notice period of 2 months and this specific information must be included in it for the notice to be considered valid.
- Name and address of the building owner
- The particulars of the proposed work and it’s nature
- The date the work is scheduled to start.
Notice of Adjacent Excavation
This type of party notice is required for works mentioned in the section 6 of the Party Wall etc. Act. This notice must include the same information mentioned in the party wall notice. Additionally, it also has plans and sections explaining the extent of the proposed excavation. These excavations mainly include –
- Any excavation within 3 meters of your neighbor’s building and to a depth lower than the bottom of their foundations
- Excavating within 6 meters of your neighbor’s building, if any part of that excavation intersects with a plane drawn downwards at an angle of 45 degrees from the bottom of their foundations, taken at a line level with the face of their external wall (this will normally mean that you neighbor is using piled foundations).
Once the notice has been served, the adjoining owner is automatically deemed to be in dispute and has 14 days to get in touch with a Party wall Surveyor.
Line of Junction Notice
This is the most uncommon party wall notice among the three types. This notice is served under the section 1 of the Party Wall etc. Act. The notice period for this 1 month. This notice is generally served while covering two specific tasks.
- The construction of a new wall adjacent to a boundary.
- The construction of a new wall astride a boundary.
Once the notice has been served, the adjoining owner must respond to the neighbour’s intentions of building a new wall up to the boundary. If he fails to do so, the work commences as planned after the notice period is over. The building must place any kind of reinforcement which might be required under the foundation of the adjoining owner’s property.
But in case the owner of the plot is planning to build a new wall across the boundary, the adjoining owner can prevent it from happening. If he does not respond to the notice within 14 days of the notice period, the owner will have to go ahead with the construction entirely on his side of the boundary line. Again, the building owner may place any necessary footings and foundations (with the exception of ‘special foundations’) under the adjoining owner’s land.
For any query in relation to Party Wall Notices, you can give us a call on 020 7935 2502 to get the Free Party Wall Advice.