What is a Party Wall Notice?
Thursday 4th July 2019
Carl O'Boyle BSc MRICS FCIOB MFPWS
When do I serve a Party Wall Notice? / How much notice do I give before starting any building works?
Under The Party Wall etc. Act 1996, the "Notice" is the written statement given to an adjoining owner(s) from the building owner which should set out details of the proposed works to be carried out on/near the party wall
The Notice has to be served at least two months before the planned starting date for work to the party wall. The adjoining Owner may agree to allow works to start earlier but is not obliged to do so - even when agreement on the works is reached. The notice is only valid for a year, so it should not be issued too far in advance of the desired start date.
Whilst there is no official form for giving notice under the Act, a notice must include the following details:-
- your own name and address (joint owners must all be named, e.g. Mr A & Mrs B Owner)
- the address of the building to be worked on (this may be different from your main or current address)
- a full description of what you propose to do (it may be helpful to include plans but you must still describe the works)
- when you propose to start (which must not be before the relevant notice period has elapsed)
The notice should be dated and it is advisable to include a clear statement that it is a notice under the provisions of the Act.
The notice may be delivered to the Adjoining Owner(s) in person or sent by post. Where the neighbouring property is empty or the owner is not known, you may address the notice to "The Owner",
Example letters and Notices can be found in Part 5 of a helpful explanatory booklet available on line at: www.communities.gov.uk.
This article was written by Carl O'Boyle BSc MRICS FCIOB MFPWS. Carl is a full professional member of the Royal Institution of Chartered Surveyors, a member of the Faculty of Party Wall Surveyors and a Fellow of the Chartered Institute of Building for which he currently sits on the CIOB professional conduct committee and adjudications panel.
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