Party Wall Notices
What is a Party Wall Notice?
This informative Party Wall video discusses what a Party Wall Notice is, when it is required and the formalities surrounding it.
We always recommend that a Party Wall Surveyor prepares and serves the Party Wall Notice as this will avoid irregularities or potential invalid Party Wall Notices service.
However, we understand that some building owners may want to serve their own Party Notices.
We have therefore created free PDF Party Wall Notices for you to use should you choose to.
By carefully following the steps on our interactive guide and the Party Wall Notices themselves, you can prepare a legally valid Party Wall Notice ready for service upon the adjoining owner.
If in doubt on the content of the Party Wall Notice, why not give our team of Surveyors a call who will be happy to give you a little more guidance.
Typical Party Wall Notice Questions
Is a tenant an owner?
Under the Party Wall etc Act 1996, an Owner is anyone with more than a 12 month interest in the property.
Most tenancies in England and Wales are on an Assured Shorthold Tenancy (AST) basis which would mean that the tenant wasn’t considered an owner under the Act and therefore wouldn’t be due to a Party Wall Notice in advance of the works commencing.
As part of a Party Wall Surveyor’s statutory duty, he or she will undertake legal checks in advance of serving a Party Wall Notice and should be able to confirm exactly which owners Notice is due to.
How should I serve the Party Wall Notice?
A Party Wall Notice is a legal document, therefore you need to ensure that its service is legally correct and valid.
Party Wall Notices can be validly served in the following ways:
Post: If you serve the Party Wall Notice by post, you will need to allow a further 2 days to account for postage delays on top of the 14 days statutory Notice period.
Hand: In order to ensure this method is legally valid, you would to physically hand the Notice to an occupant within the Adjoining Owner’s property. It would also be advisable to obtain the name of that person.
Conspicuous Area: You can also serve the Party Wall Notice to a conspicuous part of the property such as a door, gate or window. This method of service tends to be used when the name of the Adjoining Owner isn’t known.
Email: You also have the right to serve a Party Wall Notice by email. However, it is worth bearing in mind that the Adjoining Owner must have confirmed in advance of being sent the Notice that they are agreeable to electronic service.
Here at Berry Lodge, over the years we have served Party Wall Notices by all of these methods.
Who shall I address the Party Wall Notice to?
The Party Wall Notice will need to be addressed to the legal owner of the property also known as the Adjoining Owner.
Here at Berry Lodge, all or our Party Wall Notices undergone extensive legal and peer checks beforehand to ensure that they are fully correct and legally valid.
If you’re planning on serving your own Party Wall Notice upon the Adjoining Owner, we would advise using our Party Wall Notice Creator, as this will ensure the Notices fully take account the proposed works on site.
Should the Party Wall Notice contain drawings?
Depending on the type of works that are taking place, it can be a legal requirement to include drawings of the proposed works. You also need to ensure that particular details are included within the drawings ensuring legal Party Wall Notice validity.
Our opinion is that by including accurate and clear drawings with the Party Wall Notice you are more likely to receive a favourable response as the adjoining owner will be fully informed of the works.
How long does the Adjoining Owner have to reply?
An Adjoining Owner has 14 days to respond to the Party Wall Notice. It is worth noting that these are 14 days and are not restricted to business days.
The Building Owner should also allow a further 2 days for normal postage delays.
The Building Owner will also need to allow for normal holidays, these should be added to the Party Wall Notice response times.