It’s time for another edition of Stokemont’s property blog series. We have a wide range of blogs that cover various topics in relation to the property industry that you can read about here!
We hope that these blog posts can answer any queries or questions you may have on property related topics.
The focus of today’s post will be on the Party Wall etc. Act 1996 with a deeper look into the various types of Party Wall Notices.
A Party Wall Notice is a document that a building owner is legally required to serve upon any relevant adjoining owner if they are planning to undertake construction works that fall within the remit of the Party Wall Act.
The nature of works that fall within the Act are broad. If a building owner is proposing to build a new wall up to or astride the boundary line then this falls within Section 1 of the Act.
Works directly to a party wall or party structure fall within Section 2 of the Act. Works that fall within this section are the most varied and may include cutting into the party wall for the insertion of steel beams or it could be repairing the party fence wall that divides the properties eternally.
If a building owner is intending to excavate within 3m of the adjoining property and to a greater depth than the adjoining properties foundations then this will fall within section 6 of the Act.
If a building owner is proposing to build a new wall up to the line of junction, then they would be required to serve a party wall notice under section 1(5) of the Act. The act also allows building owners to build a wall astride the boundary line with the adjoining owners consent. If the building owner is proposing to do this then they are required to serve a party wall notice under section 1(2) of the Act.
For all party wall notices under Section 1 of the Act, notice must be served at least 1 month prior to the commencement of the works.
If a building owner is carrying out works directly to a party wall or structure then they would need to serve a Section 2(2) notice. In Section 2(2) two there are subclauses which range from (a) to (n) which cover a wide range of works.
For works that fall within this category, building owners are required to serve a party wall notice 2 months prior to the commencement of the works.
Much like Section 1, if a building owner is planning on undertaking works that fall within Section 6 of the Act, then they are required to serve a party wall notice 1 month prior to the commencement of the works.
Once a party wall notice is served, the adjoining owner has a 14-day period to respond to the notice with one of the following three response options:
- Consent
- Dissent and appoint ‘Agreed Surveyor’
- Dissent and appoint Independent Surveyor
If the adjoining owner response with option 1, the building owner is free to commence with their works with no further party wall procedures in place.
However, if the adjoining responds with either option 2 or 3 then the building owner will not be able to proceed until the Party Wall Award has been agreed and served upon both the building owner and the adjoining owner. We have a more detailed blog on Party Wall Awards which you can read about by clicking here.
If the initial 14-day period passes and the adjoining owner has not responded, the building owner will then be required to serve a further notice under Section 10(4) of the Act.
This will then provide the adjoining owner with a further 10 days to respond with 1 of the 3 response options set out about.
Once the 10-day notice period passes and there is still no response, automatically a dispute is deemed to have arisen. At this stage the building owner would then have the option to appoint a Party Wall Surveyor on behalf of the non-responsive owner who will then create a party wall award in order to allow the building owner to proceed with their works.
Ensuring that your Party Wall Notices are valid are one of the most vital parts to get right as a building owner as if these are served incorrectly this can cause delays to your project.
Please feel free to contact our team of experienced Party Wall Surveyor who would be happy to give you some further advice on Party Wall Notice or served these on your behalf.
