Party Wall etc Act, notices
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This is a 4-question ‘mini guide’

to explore when you may need to serve Notices on your neighbour (the Adjoining Owner).

This only covers the most common situations for alterations to a single house.

 If your situation is any different then you should contact us.

Party Wall etc Act 1996 - Check What Notice

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‘01494 718009’

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Question  1:

Is it proposed to build a new wall at the ‘line of junction’ (normally the boundary) where there is currently only a hedge, a boundary wall (not part of a building and not shared), a fence or it is open?


If YES :- you will probably need to serve a Section 1 Notice.


There are different sub-sections dealing with whether the wall (and foundations) are wholly on your land, whether the wall is on your land but the foundations will go under the neighbouring land, or whether the wall is astride the boundary.

Question  2:

Is it proposed to alter, change, take away from or add to an existing party wall?


If YES :- you will probably need to serve a Section 2/3 Notice.


Section 2 is wide reaching so if you are at unsure then we recommend that you take advice to check whether Notice should be served.  The most common works are inserting new beam (for loft conversions or removing existing walls), needing to raise a party wall higher or take one down, expose one, underpin or thicken.  Even re-plastering may require a Notice to be served.

Question  3:

Do parts of your neighbour’s building overhang your land and is it proposed that you need to cut-off or remove parts in order to build your wall, or do you need to insert a weather-poof junction (‘flashing’) into their wall?


If YES :- you will probably need to serve a Section 2/3 Notice.

With most proposals it is worth discussing matters with a neighbour as early as possible, but certainly if you are proposing to undertake intrusive work to their property then it is even more important.


Question  4:

Are you proposing to excavate within 3 metres of a structure belonging to a neighbour and deeper than their foundations? Most often we think of the neighbour’s building to be a structure, but in fact it could be one of many things.


If YES :- you will probably need to serve a Section 6 Notice.

Section 6 Notices can also apply to other owners within 6 metres of your excavations, but these tend to be associated with more major works, such as piled foundations.  We expect that you will have a structural engineer appointed in these circumstances and you/they should talk to us

This guide is intended to suggest when it is more likely that you  should serve Notice, it is not to be used as confirmation that Notice is not required.

You should speak with us if unsure.