A Party Wall Notice is served by the building owner (the owner undertaking the construction works) upon the adjoining owner (the owner that owns the property next door to the proposed works).
The purpose of the Party Wall Notice is is to invoke the Act upon the adjoining owner.
The Notice gives the adjoining owner three response options, which is covered in greater detail in some of our other blogs.
Contrary to popular belief there is no ‘standard form’ that a Party Wall Notice should adhere to.
Providing the Party Wall Notice contains the following information, it will be deemed valid under the Party Wall etc Act 1996.
- The Notice should cite the Act: ‘The Party Wall etc Act 1996’.
- The Notice should confirm the adjoining owner’s name and full address. If the adjoining owner’s name is unknown the notice should be addressed to ‘the owners’.
- The Notice should confirm the building owner’s name and full address.
- The Notice should include a thorough and clear description of the building owner’s proposed work, in particular confirming if any special foundations will be used (This only applies to excavation work).
- The Notice should include the date on which the proposed work is due to commence (A key point is to ensure the statutory Notice periods are included).
- If excavation work is being undertaken a drawing illustrating a ‘section through of the foundations’ must accompany the Notice.
- Although not prescribed by the Party Wall etc Act 1996, the Notice is a legal document, therefore it should be signed and dated by all of the building owners.
If you are planning on undertaking Party Wall work and want to discuss the Party Wall Notice requirements call our Party Wall team now and we will be happy to help.