A party wall notice may be required if you propose to build near a shared property boundary. The Party Wall etc. Act 1996 mandates this in England and Wales. Knowing when to send a party wall notice is crucial for homeowners and contractors to prevent problems and follow the law.
This page will explain party wall notices, when they’re needed, and how to assure project success.
Describe a Party Wall Notice.
A formal party wall notice informs your neighbour(s) of proposed construction or building activity that may affect a shared or contiguous structure. The Party Wall etc. Act 1996 relies on the notification to protect property owners and prevent disputes.
The dividing wall between terraced or semi-detached dwellings is called the “party wall”. The Act also includes garden walls, boundary barriers, and excavations near adjoining houses.
Your neighbour can prepare for impacts, agree to the work, or request revisions after receiving a party wall notice. Serving a party wall notice is required to avoid legal issues and project delays.
When Must I Give Party Wall Notice?
You must serve a party wall notice in three main situations:
Building on the Boundary
A party wall notice is required if you propose to erect a wall or building on your neighbor’s property line. This may involve:
Building a garden wall.
Bridging the boundary with an expansion or conservatory.
The notice guarantees that both parties agree on the new structure’s placement and impact.
Repairing a Party Wall
You must serve a party wall notice before working on an existing party wall. Some examples are:
Installing beams in a loft conversion requires cutting into the wall.
Removing a party wall chimney breast.
Raising or reducing wall height.
Wall repair or rebuilding owing to age or deterioration.
Notify your neighbour before making these alterations because they may affect the common wall’s structure.
Neighbouring Property Excavation
You must provide your neighbour a party wall notice if your project entails digging within a certain radius of their building. This usually applies:
Foundation excavation for an expansion.
Basement or cellar installation.
Digging near the boundary for utility pipes or cables.
Depending on excavation depth, the distance is usually three to six meters. Notifying your neighbour is required since excavation can undermine nearby structures.
Serving Party Wall Notices
Steps to serve a party wall notice:
Identify Affected Neighbours
Determine which attributes your work may affect. Multiple neighbours may need notification, especially in terraced homes.
Write the Notice
Your name and address must be included in a party wall notice.Description of proposed works.Project start date.Affected wall or boundary details.Statement letting your neighbour agree or disagree.Although templates are accessible, a party wall surveyor can verify correctness.
Deliver the Notice
Give your neighbours the notice. If your neighbour agrees, you can deliver it by hand, mail, or online. Keep delivery proof to avoid arguments.
Await Response
Your neighbour has 14 days to reply. They may:
Approve the work to proceed.
Disagree and want a party wall or surveyor.
Do nothing, and the law implies dissent and a surveyor is appointed.
What If You Don’t Serve Party Wall Notice?
Failure to serve a party wall notice can cause major issues:
Legal Action: Your neighbour may get an injunction to stop the work until the dispute is addressed.
Project delays: Mid-construction stops can be costly.
Damages: If your building work damages your neighbor’s property, you may be liable for repairs.
Serving a party wall notice is simple and avoids these issues.
When Are Party Wall Notices Not Required?
Not all building projects need party wall notices. For instance:
Internal remodelling without party wall impact.
Wall painting or plastering.
Small projects without boundary or structural alterations.
In doubt, consult an expert to evaluate if a party wall notice is needed.
Booking a Party Wall Surveyor
Both sides may need a party wall surveyor if your neighbour disagrees or doesn’t react. The surveyor evaluates the proposed works, ensures Act compliance, and drafts a party wall award, a legally enforceable agreement for the works.
Sometimes both parties agree to utilise one surveyor, cutting costs. However, each party can choose its surveyor.
Tips for Good Neighbour Relations
Served party wall notices are lawful, but they can also be used to build relationships with neighbours. Consider these tips:
Before providing notice, talk to your neighbours informally about your plans.
Be Clear: Specify the scope and duration of the work.
Address Concerns: Discuss ways to reduce disruption.
A proactive approach helps reduce miscommunication and build trust.
Conclusion
Building near a common border requires knowing when to serve a party wall notice. Serve a party wall notice before extending, altering, or excavating near a neighbor’s property to comply with the law and protect both parties.
Follow the process and treat your neighbours appropriately to avoid conflicts and ensure a seamless project. If in doubt, engage a party wall surveyor for personalised advice.
A little forethought and communication can help with party walls.