Building Owner - Party Wall Notices

As a building owner, before you carry out any work in your property that is either and extension, excavation, loft conversion etc you must check if the works fall under the Party Wall etc Act 1996. If you have close by neighbours its is highly likely that you will need to serve notices to all parties concerned e.g. leaseholders, freeholders.
Under the Party Wall etc Act 1996 there are certain timescales that you need to serve the notice by before work commences as both the Building and Adjoining Owner.

You can serve the Notice yourself but be aware that is the Notice is incorrect in any way and a dispute arises the Notice may be deemed invalidad. A new Notice will have to be served and the timescale will commence again with the correct Notice.

If you would like any further advice on Notices or would like us to serve Notice on your behalf, please contact us.

Below you can read a brief description of each Notice depends on the work you have to carry out;

Images supplied by Party Wall etc 1996 Act explanatory booklet.

Section 1 Line of Junction Notice

If you are planning 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 your own land, a Section 1 Notice must be served.

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 works commence.

Section 3 Party Structure Notice

If you are planning to cut 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, in such cases a Section 3 Notice must be served.

Two months notice must be given for a section 3 Notice.

Section 6 Notice of Adjacent Excavation

If you are planning to excavate 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, then a section 6 notice must be served.

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.