Section 3 of the Party Wall Act: Party Structure Notice
“Section 3 of the party wall act deals with the form and content of initial notices. At subsection (3)(a) it is provided that a building owner can do any Clause 2 work with the adjoining owners consent. So, obtaining consent obviates the need for any other procedures under the Bill.” Subsection (3)(b) provides that if the works arise as a result of a statutory notice served on the building owner, there is no need to serve a party structure notice at all; he may proceed to deal with the works as required.[The Earl of Lytton]
Section 3(1) provides that a building owner who wishes to carry out any of the works he is entitled to exercise under section 2 of the Act, can only do so if s/he first serves notice on all or any of the adjoining owners. This notice is referred to by the Party Wall Act as a ‘Party Structure Notice’ or Party Wall Notice.
Subsections (1)(a)(b) and (c) stipulate what must be included in the content of the notice;
a) The building owners name and address, and
b) The nature and particulars of the proposed work including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars of the loads to be carried thereby; and
c) The date on which the proposed works will commence
Section 3(2) provides that a building owner must serve a Party Structure Notice or a Party Wall Notice to all of the adjoining owners at least two months prior to the proposed commencement date of any works. Such notice will cease to be effective if the notified works do not commence with 12 months of the date of service to the adjoining owner and it is not prosecuted with due diligence.
Section 3(3) provides that a building owner and any of the adjoining owners and/or occupiers of the land or buildings that may be affected by a building owner intending to exercise his rights under section 2 of the Act are free to consent and agree any of the proposed works, provided it is in writing. Subsection (3) further provides that a building owner is not obliged to serve a party structure notice if the proposed works being carried out are as a result of dangerous or neglected structures that require any other statutory notice relating to such structures being served.
Should any part of this section 3 of the Act affect any of our readers, please feel free to contact Icon Surveyors, who would be more than happy to discuss any matters of concern you may have.
Note*: This blog is not an authoritative interpretation of the law; it is intended as a general guide.