Party Wall Notices Explained

Spencer Lion are experienced surveyors in Slough & Windsor, providing structural surveys, building surveys & dealing with party wall matters. Here we take a look at some of the notices which arise from the Party Wall Act 1996.

Party Wall Notices Explained

The act deals not only in relation to works on the party wall, but deals with works either on the boundary or in close proximity. The act governs the relationship between neighbouring owners in respect of construction activities relating solely to either the party wall or boundary or works in close proximity. It does not cover works remote from these areas.

In the first instance the building owner (neighbour proposing to undertake the works) must serve notice on the adjoining owner. The formalities of the notice and content are outside of this paper. In essence there are three types of notice as follows:-

Line of Junction Notice (Section 1) – Line of junction works occur where the boundary is not built on at all or where there is a freestanding garden wall which does not straddle the boundary line. A line of junction notice is required where the building owner proposes to build along the line of junction.  There are various circumstances which can fall under this section of the act, some requiring express consent and other operations requiring just issue of notice.

Works to Party Walls (and certain other boundary structures) (Section 2) – Under this section the act allows certain works to be undertaken to the certain boundary structures and party walls. There are several operations included within the Act such as repair, underpinning, cutting into etc. A formal notice is required to be issued at least two months before the intended start date.

Adjacent Excavations (section 6) – The act regulates works in close proximity to the adjoining property.  The aim of this section is to safeguard and protect adjoining structures which could be undermined by nearby excavations.  There are two scenarios under this section; building with 3 metres of the adjoining structure and to a lower level and secondly building within 6 metres that will cut a line drawn down at 45 degrees from the lowest point of the adjacent structure.  Notice must be served at least one month prior to commencing the works.

Notices

On issue of notices the adjoining owner can either consent by signing and dating the notices accordingly, or dissent. If there is no response to the notices within 14 days then the adjoining owner is deemed to have dissented.  If the adjoining owner dissents to the works then a party wall award needs to be agreed between the parties.

Expert Surveyors In Slough & Windsor

Spencer Lion is one of the leading building surveyors in Slough and Windsor. We have been established for over ten years, with more than 25 years of experience, acting for both residential and commercial clients. To find out more or to arrange a surveyor in Slough please call us on 01753 850304 or email info@surveyorsslough.co.uk