In this blog post, we will discuss the various ways the Party Wall etc. Act 1996 allows Party Wall Notice to be served. Many Building Owners assume they can give their neighbours a call to “notify” them! However, Party Wall Notice are a legal document and the manner in which they are served is crucial.
Ensuring your Party Wall Notice is valid and compliant with the Party Wall etc Act 1996, is very important, for both the timing and cost of your planned works. If you plan to serve Notice yourself and are unsure of the necessary requirements for a legally valid Notice, get in touch with one of our Party Wall Experts.
Let’s assume you (the building owner) are planning to undertake a single-storey rear extension.
Below are points to consider ensuring the Notice is legally valid:
Both Adjoining Owner’s and Building Owner’s address
Party Wall Notice must contain the full address of both Adjoining Owners and Building Owners. This informs the Adjoining Owner of the construction works are taking place and their location.
Address the Notice to all legal owners
The Party Wall etc. Act 1996 confirms legally correct Notice must address to ‘all’ legal owners of a property. When the owner's name is unknown, the Act has provisions allowing the Notice to be addressed to ‘The Owner’. If you find yourself in this situation, ensure the Notice is served by hand or fixed to a conspicuous part of the property.
If you are planning works that involve excavations within 6m, from your neighbouring structure, the Party Wall etc Act 1996 confirms you must adhere to a foundation detail with the service of Notice.
Party Wall Notices are legal documents and therefore require a signature to be deemed valid.
Traditional Ways to Serve a Party Wall Notice
This is the most common method of serving Party Wall Notice. Ensure you have the correct contact address for all adjoining owners. The Land Registry Portal will usually include the registered address of the adjoining owners.
The Party Wall Act allows Party Wall Notice to be served by hand provided they are physically handed to the Adjoining Owner or occupant.
When a name is not available Party Wall Notice can be served, in a conspicuous manner. This is to fix Notice on a door, window or gate. The term used within the Act is ‘conspicuous’, so the Notice must be fixed in a conspicuous part of the property. We always recommend, taking a photograph for your records.
If you wish to speak with one of our experienced Party Wall Experts, give us a call on 020 7493 9087 and we will happily assist.