What information does a notice need to include:
A notice needs to include the name(s) and address of the person(s) undertaking the work. The name (if known) and address of the affected neighbour, a detailed description of the proposed works and note of when these are planned to start. The notice should be signed and dated,
A Notice of Adjacent Excavation must be accompanied by plans and sections showing the position of the excavation relative to existing buildings and also the depth of excavation. Other notices do need not be accompanied by drawing show however it is always a good idea to provide drawings if they are available..
Who is 'an Owner' and therefore entitled to receive notice?
The Party Wall Act defines an owner as:-
- A person in receipt of, or entitled to receive, the whole or part of the rents or profits of land (ie. A Freeholder)
- A person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will;( ie. a tenant with a tenancy agreement that is for more than a year)
- A purchaser of an interest in land under a contract for purchase or under an agreement for a lease, otherwise than under an agreement for a tenancy from year to year or for a lesser term.
If in doubt consult a Party Wall Surveyor.What notices do I need to serve?
For Loft Extensions:
If you are proposing to build a loft extension you will normally need to serve a Party Structure Notice on any neighbouring owner that you share a Party Wall with two months before works are commenced. Notice is necessary if your works include any of the following:-
- Cutting into the Party Wall for beams, joists, fixings
- Cutting away projections form the Party Wall (ie. Structural walls or partitions, piers or chimney breasts).
- Raising the Party Wall.
Most loft conversions include one or more of the above.
If you live in a flat you will NOT normally need to serve a notice on the owner of the flat below but you are advised to consult a Party Wall Surveyor to verify this. (Don't forget that you may need scaffolding access on the property below - this is not given under the Act but may be covered by your lease - if not this must be agreed with the owner below)
Expiry of Notices
Notices expire after one year if not responded to. A Consent given following a notice also expires after one year if the works are not commenced or if the Adjoining Owner changes. A new Notice must be served on a new owner of the Adjoining Property. Any consent previously given does not transfer.
For Extensions at Ground Level & Internal alterations
If you are proposing to build a extension or new building you will normally need to serve notices on any neighbouring owner of an adjoining property in the following circumstances:-
- If your new building has a wall along a boundary (even it is completely on your side) a Line of Junction Notice must be served 1 month in advance unless the said boundary is a Party Wall or the outside of a wall of a building built wholly on your neighbour’s property.
- If your extension involves excavation (i.e for foundations or drains) to a depth lower than the foundations of your neighbour’s building within 3 metres a Notice of Adjacent Excavation must be served 1 month in advance. (A notice is also required if you are excavating within 6 metres of your neighbour’s building deeper than a 45 deg. line struck downwards from the underside of the neighbours foundations). This can arise when piled foundations are used or where deep basements are formed.
- If your works include any cutting into the Party Wall or cutting away projections form the Party Wall (i.e. Structural walls or partitions, piers or chimney breasts) a Party Structure Notice must be served 2 months in advance.
- If your works include raising or re-building a Party Wall or a free standing wall that is built astride the boundary (called a Party Fence Wall) a Party Structure Notice must be served 2 months in advance.
- If you live in a flat and you are removing external wall or internal load-bearing wall that support the floor above (that separates your property from the flat above) you need to serve a Party Structure Notice on the owner of the flat above.
- If you live in a flat and your proposed work involves excavation (i.e for foundations or drains) to a depth lower than the existing foundations of your own building (which are also the foundations of the flat or flats above) within three metres a Notice of Adjacent Excavation must be served one month in advance on any owner of a flat above that shares the same load-bearing walls and therefore the same foundations.
Watson Woods SURVEYORS
Party Wall Surveyors
For New Basements:
If you are proposing to excavate for a new basement you will normally need to serve notices on any neighbouring owner of an adjoining property in the following circumstances:-
- If your house is detached a Notice of Adjacent Excavation must be served one month in advance if the new excavation is deeper than the foundations of any neighbouring building or structure within three metres or if any excavation within six metres is deeper than a 45 degree line struck downwards from the underside of the neighbours foundations).
- If your house is terraced or semi-detached and your excavation necessitates the underpinning of the Party Wall a Party Structure Notice must be served two months before works are commenced.
- If your excavation extends up to a boundary that Is not built upon or is marked only by a fence or wall that is not a Party Wall or the wall of a building then a Line of Junction Notice must be served one month in advance.*
Click herefor important information regarding basements