Understanding Party Wall Notices
A party wall notice is a crucial step in the party wall process. If you’re planning construction work that affects a party wall or boundary, excavating within 3-6 metres of and deeper than your neighbour’s foundations, or if you’ve received a notice from a neighbour, understanding the process is essential. This notice serves as a formal communication about work that could impact shared structures or adjacent properties, ensuring all parties are informed and protected.
What is a Party Wall Notice?
A party wall notice is a formal document informing neighboring property owners about construction work that may affect shared walls, boundaries, or structures. It’s a legal requirement under the Party Wall Act 1996, designed to prevent disputes and protect the interests of all property owners involved.
When is a Party Wall Notice Required?
You must serve a party wall notice if you plan to:
1. Build on or at the boundary of your property.
2. Work on an existing party wall or party structure.
3. Excavate within 3-6 metres of a neighbouring building or structure, and deeper than their foundations.
Common projects requiring notice include:
1. Building an extension.
2. Loft conversions.
3. Basement excavations.
4. Removing chimney breasts.
5. Underpinning a party wall.
6. Inserting a damp proof course.
7. Increasing or reducing the height of a party wall.
Types of Party Wall Notices
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Notice of Adjacent Excavation
1. For excavations within 3 or 6 metres of neighbouring properties.
2. Must be served at least 1 month before work begins.
3. Includes details of the depth and proximity of the proposed excavation.
Party Structure Notice
1. For work directly to a party wall or structure.
2. Must be served at least 2 months before work begins.
3. Includes details of the proposed work and how it will affect the party wall.
Line of Junction Notice
1. For building a new wall up to or astride the boundary.
2. Must be served at least 1 month before work begins.
3. Specifies whether the wall will be built astride or wholly on your land.
The Party Wall Process
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1. Serve notice to all affected neighbours.
2. Neighbours respond (consent or dissent) within 14 days.
3. If consented, work can proceed.
4. If dissented or no response, a party wall agreement is needed.
5. Appointment of surveyors (if required) to prepare a party wall award.
6. Work commences once the award is in place.
What to Do If You Receive a Party Wall Notice
We offer a range of Party Wall services tailored to meet your specific needs in Bromley.
If you receive a notice:
- Carefully review the proposed work.
- Seek professional advice if unsure.
- Respond within 14 days.
- Consider consenting if the work seems reasonable.
- Dissent if you have concerns, triggering the dispute resolution process. This is often the safest option, as it:
- Ensures your property is protected through a formal agreement.
- Allows for a detailed survey (Schedule of Condition) of your property before work begins.
- Provides a legal framework for resolving any issues that may arise.
- Does not necessarily prevent the work from proceeding, but ensures it’s done with proper safeguards in place.
Remember, dissenting doesn’t mean you’re being difficult or that you’re against the proposed work. It’s a prudent step to protect your property and rights, especially if you’re unsure about any aspects of the proposed work or its potential impacts.
Frequently Asked Questions About Party Wall Notices
Here are some of the most common questions we receive from clients in Bromley:
Can I serve the notice myself?
Yes, but it’s advisable to have a professional ensure it’s done correctly to avoid potential legal issues.
What happens if I don't serve a notice?
You may face costly legal action. It’s always best to follow the proper procedures.
How long is a party wall notice valid?
One year from the date it’s served. If work hasn’t commenced within this time, you would need to serve a new notice.
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