If you're planning to carry out construction or renovation work on a property, you may need to serve a party wall notice to your neighbours. A party wall notice is a legal document informing your neighbours of your intention to work that may affect the party wall shared between your properties. Serving a party wall notice correctly ensures that your work proceeds without legal disputes of any kind.
What Is a Party Wall Notice?
A party wall is a wall that separates two properties and is shared by both parties. If you plan to undertake any work affecting the party wall, you must serve a party wall notice to your neighbours. The notice must include information about the proposed work, the start date, and the duration of the work.
When to Serve a Party Wall Notice?
You must serve a party wall notice at least two months before the start of the work. If your neighbours don't respond within 14 days of receiving the notice, they are deemed to have dissented, and you will need to appoint a surveyor.
How to Serve a Party Wall Notice?
Step 1: Identify the Relevant Neighbours
Neighbours who share a party wall with your property are considered 'relevant neighbours' and must be served with a party wall notice. This includes people who live in adjoining properties, semi-detached or terraced houses, or flats that share a wall with your property.
Step 2: Draft the Party Wall Notice
The party wall notice must include the following information:
- Your name and address
- The address of the property where the work is being carried out
- The proposed work and its scope
- The start date and the expected duration of the work
- Any drawings or plans of the proposed work
- The name and address of the surveyor appointed by you
- A statement that the recipient has 14 days to respond to the notice
Step 3: Serve the Notice
You can serve the party wall notice in the following ways:
- Personal Service: Delivering the notice in person to the recipient or leaving it at their address.
- Registered Post: You can send the notice by registered post and obtain proof of postage and delivery.
- Email: If the adjoining owner or occupier has agreed to receive notices via email, you can send the notice by such means. Keep a copy of the transmission receipt.
Step 4: Wait for the Response
Once you've served the party wall notice, wait for the response from the recipient. You can proceed without further action if the recipient agrees to the proposed work. If the recipient dissents or doesn't respond within 14 days, you must appoint a surveyor.
Step 5: Appoint a Surveyor
If your neighbours dissent or don't respond to the party wall notice, you need to appoint a party wall surveyor to oversee the work. This includes agreeing to use a joint surveyor. The surveyor will prepare a party wall award that sets out the terms and conditions of the work.
Final Remarks
Serving a party wall notice correctly is necessary to avoid legal disputes and ensure that your construction or renovation work proceeds smoothly. By following the steps mentioned earlier, you can serve a party wall notice correctly and protect your legal rights. If you're unsure about any aspect of serving a party wall notice, it's advisable to consult a property solicitor or a party wall surveyor.
At Icon Surveyors, we undertake party wall surveying work and can help you serve a party wall notice. Our party wall surveyors in London will ensure that your notice is legally compliant and that your neighbours in adjoining properties are notified correctly.
Call 020 7493 9087 or email us at info@iconsurveyors.co.uk to request a service quotation!
