In this blog, Icon Surveyors will consider what is a Party Wall Notice, and will also discuss the types of Party Wall Notice that must be served in accordance with the Party Wall etc. Act 1996.
What is a Party Wall Notice?
In the simplest of terms,
Under section 3(1) of the Party Wall etc. Act 1996, a building owner who proposes to carry out any works in accordance with section 2 of the Act, has a statutory obligation prior to the commencement of any such works, to serve a ‘Party Wall Notice’ on any adjoining owner, stipulating the intended works the building owner intends to carry out.
Three Types of Party Wall Notices Under the Party Wall Act
Under the provisions of the Act, there are 3 different types of party wall notice, these are, "Line of Junction Notice", "Party Structure Notice" and "Adjacent Excavation Notice".
Line of Junction Notice
Under section 1 of the Act, a building owner proposing to carry out any works that incorporate the building of a new wall that astride a boundary line, must serve, one month prior to the commencement of the intended works, any adjoining owner that may be affected by such works with a "Line of Junction Notice."
Note: In the trade, this is also known as a section 1 Notice.
Party Structure Notice
Under section 3 of the Act, a building owner that intends to carry out any of the works’ in accordance with the statutory provisions in section 2 of the Act, (those pertaining to the types of works that may be carried out under the Act) must serve, at least two months prior to the commencement of any works, any adjoining owner that may be affected by such works with a "Party Structure Notice".
Note: This is otherwise known as a section 3 Notice.
Adjacent Excavation Notice
Under section 6 of the Act, a building owner that intends to carry out any works that include excavations that are within three meters of any part of the adjoining owners land or property and/or any works to construct foundations for a new building or structure that is within six meters of the adjoining owner’s land or property, where any part of the work will meet a line drawn downwards at 45 degrees in the direction of the excavation from the bottom of the adjoining owners foundations, must serve, at least one month prior to the commencement of such works, any affected adjoining owner with an "Adjacent Excavation Notice".
Note: This is also known as a section 6 Notice.
It should be noted that a building owner who intends to carry out section 6 works should also take into account serving an "Adjacent Excavation Notice" on "Any Adjoining Owners" whose buildings and/or structures are within the above stated statutory distance(s) but won’t be affected by the proposed works.
Icon Surveyors are happy to provide a free party wall advice to any building or adjoining owners who may be affected by the subject matter raised in this blog.
