Party Wall Notices
There are THREE types of Notice that a building owner may have to serve upon an adjoining owner to make them aware of the intention to carry out work which falls under the scope of the Act.
Party Structure Notice – Section 2 | Section 3
Party Structure Notices cover alterations directly affecting the party wall.
The most common work on existing party walls are to:
- Repair a party wall
- Cutting in flashings
- Insert a damp proof course
- Underpin the whole thickness of a party wall
- Cut holes to insert beams and padstones, e.g. in a loft conversion.
- Raise the height of a party wall, e.g. adding another storey.
- Extend a party wall downwards, e.g. to form a basement.
- Demolish and rebuild a party wall, e.g. if structurally defective.
- Underpin the whole thickness of a party wall, e.g. when building a basement.
- Cut off projections from a party wall or from an adjoining owner’s boundary | external wall if necessary.
- Remove a chimney breast.
Notice of Adjacent Excavation – Section 6
There are TWO types of excavations covered under a Notice of Adjacent Excavation:
- Excavating within 3 metres of a neighbour’s building, and to a depth lower than the foot of their foundations.
- Excavating within 6 metres of a neighbour’s building, if any part of that excavation cuts across a plane that is level with the face of their external wall, and drawn downwards at an angle of 45 degrees from the foot of their foundations.
The notice must contain the same information as a Party Structure Notice, and is accompanied by plans and sections showing the extent of the proposed excavation.
Line of Junction Notice – Section 1
This is the least common of the notices, which covers two separate constructions of a new wall:
- Adjacent to a boundary
- Astride – or ‘up against’ – a boundary.
The notice period is one month in which the adjoining owner can prevent building of a new wall astride the boundary. If the adjoining owner does not respond in writing within 14 days the building owner will have to build the new wall entirely on their side of the boundary line.
The Adjoining Owner must be compensated for any damage caused to their property as a result of building the wall, or the placing of footings and foundations under their land. There is no right to place “special foundations” under their land without written