There are three types of Party Wall Notice that a building owner may have to serve on an adjoining owner when undertaking works that fall within the scope of the Party Wall etc. Act 1996.
The Party Wall Act covers:
– new building on or at the boundary of 2 properties
– work to an existing party wall or party structure
– excavation near to and below the foundation level of neighbouring buildings
This may, for example, include:
- building a new wall on or at the boundary of 2 properties
- cutting into a party wall
- making a party wall taller, shorter or deeper
- removing chimney breasts from a party wall
- knocking down and rebuilding a party wall
- digging below the foundation level of a neighbour’s property
Remember, the main types of party walls are:
- a wall that stands on the lands of 2 (or more) owners and forms part of a building – this wall can be part of one building only or separate buildings belonging to different owners
- a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
- a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings
The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.
For further information, view the Government Guidance.
Which Party Wall Notice should be used?
Party Structure Notice
- A party structure notice, under section 3 of the Party Wall etc. Act 1996, describes the intention to exercise rights, conferred under section 2, to undertake certain works to a party structure and certain limited works to an adjoining owner’s independent building (minimum notice period is two months). The required notices must be served on all adjoining owners with an interest in the relevant structures or land.
Notice of Adjacent Excavation
- Notices of Adjacent Excavation are concerned with works notifiable under section 6 of the Act. The provisions of section 6 of the Party Wall etc. Act 1996 (the Act) are designed to try to avoid the careless destabilising of the foundations to buildings and structures that are in close proximity to a development site. If works will involve excavation of any type (whether or not for foundations), and that excavation falls within certain dimensional parameters in relation to an adjoining building or structure, then notices must be served.
Line of Junction Notice
- A line of junction notice describes the intention to construct a wall either astride or abutting a boundary, which is not presently built upon, or is built upon only to the extent of a simple boundary wall wholly on one party’s land. (Minimum notice period is one month).
For more information on Party Wall Notices view the RICS Guide to Party Walls.
If you believe you need to serve a Party Wall Notice or you are in receipt of one, call RMA Surveyors for professional advice.
RMA Surveyors are experienced Party Wall surveyors providing Party Wall surveying and advice in compliance with the Party Wall etc. Act 1996. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties.
Contact RMA Surveyors in Newbury, Berkshire on 01635 579208.
