Serving a Party Wall Notice is properly communicating with the Adjoining Owners prior to works (covered by the Party Wall etc Act 1996) being commenced. These include works to a party wall, a party fence wall, or party structures ( such as horizontal floor/ceiling structures which separate two separate properties). The Act also covers certain types of excavation with certain distances and depths to properties within 6 metres of the boundary.
Due to the amount of detail that needs to be included in a Notice for it to be valid ( and therefore to prevent the risk of any challenges / delays) it is advisable to have the Notices drafted and served by someone who has experience in dealing within party wall matters.
A party wall can not be authorised retrospectively. Even though works may have started or finished on site and works covered by the Act, a Notice can not be served retrospectively. This also highlights the importance of ensuring that Notices are served when they ought to be so as to not hinder building works, or cause undue expense with the risk of potentially acrimonious arguments and allegations of damage. However, it is possible to serve notice when works have already begun.
If you are intending to make home improvements affecting a party wall, explain this first to your neighbours by serving a notice on them via a party wall surveyor and, if they dissent, endeavour to have a Party Wall agreement drawn up.
These agreements are formally made between party wall surveyors and give rights and responsibilities on both sides to ensure the construction work running on time and with minimal impact. Once you serve notice on your neighbours about your home improvements, they will have the chance to view the work proposed and voice their concerns or objections if they have any.
Party Wall Notices are designed to promote openness and cooperation between neighbours, ensuring that shared structures like chimneys, boundary walls, foundations or loft conversions are preserved or improved for the benefit of both parties.
The following is a definitive guide to the Party Wall Act 1996. Whether you are looking to extend your home or conduct repairs on neighbouring party walls, this guide will help you navigate the process of serving a Party Wall Notice while minimising the risk of any disputes.
If you are looking to undertake works on or near a shared boundary, wall or structure close to neighbours, then the Party Wall Act may apply to you. It applied to excavations, extensions, basement conversions and loft conversions. The Act is facilitative in that it aims to minimise disputes between neighbours by required the service of notice prior to works commencing and the appointment of party wall surveyors to check the lawfulness of works and to resolve disputes.
If your are planning works near to a neighbouring structure, then your party wall surveyors will check the drawings and distances between neighbours, determine whether the works fall under the Act, prepare and serve notices with the drawings included and manage the responses.
Simply write to your intended party wall surveyor that you wish for them to act on your behalf and then sign their letter of appointment (usually after a dispute has arisen and the parties are required to appoint surveyors).
No, you can serve notice before planning permission is obtained, but your works can only be carried out once you have received the relevant approvals in respect of planning and building regulations as well as a party wall award.
Adjoining owners will need to respond within 14 days. If they do not, the surveyor will send them a 10-day notice reminding them that they need to do respond. If no response is forthcoming, then a surveyor is appointed on their behalf under section 10(4).
If you fail to serve notice, then your neighbours can obtain an injunction against you to stop the works and you may be liable for damages and costs. If your neighbour alleges that you have caused damage to their property and you have not followed due process, then a judge is likely to award against you, even if no schedule of condition has been carried out to prove the before-and-after state of their property.
Technically, you can, but not before the notice period has expired. The notice period is 1 month for an excavation or new wall notice and 2 months for a party structure notice. Nevertheless, it is not advisable to start works prior to the Award, as the party wall surveyors may set out conditions which you may be in breach of and this can increase costs.
No, as this is non-structural work which does not affect the party wall, although you technically should serve notice if you are removing plaster.
You can do this now via us. The Essex and London Party Wall Surveyor team of reputable RICS surveyors are experienced in serving party wall notices and will also provide you with all the necessary legal advice to guide you through the process as required by the Party Wall etc. Act 1996.
You can expect to receive personalised assistance from an RICS surveyor or other accredited professional who will be able to provide you with specialist support and advice on all party wall matters. The surveyors all have many years experience working with party wall legislation and fully understand the legal and technical aspects of the Act. They always strive to ensure that our clients are fully aware of their rights and responsibilities and aim to help them develop and retain good working relationships with their neighbours, both during and after the works.
