Party Wall Notice is a letter of acknowledgement that is served by a building owner to an adjoining-owner before starting any type of construction that may affect a Party Wall, party structure and garden-wall (built over a boundary). This notice is also served to an adjoining owner if a building-owner needs to excavate near the neighbouring property/s. However, it is important for a building-owner to learn about different types of party wall notices before undertaking any type of building work that falls within the remit of Party Wall etc. Act 1996. The following types of construction works are covered by the Party Wall Act.

• Building a new wall at/on the boundary of two properties
• Construction work to an existing party structure or party wall
  • Cutting into a party wall
  • Increasing or decreasing the height of a party wall
  • Making a party wall deeper
  • Removing chimney breasts or other types of projections from a party wall
  • Demolishing and rebuilding a party wall
• Excavation near or below the foundation level of an adjoining owner’s property

Types of Party Wall

There are different types of party walls or party structures

• A wall that stands on the land of two or more property-owners and forms a part of a building.
  This wall may be a part of one building or two buildings of separate owners.
• A wall that stands on the lands of two property-owners without forming a part of a building.
  It may be a garden wall (excluding the timber fences).
• A wall that is on one owner’s land, however, is used by both owners to separate their buildings.

The ‘Party Structure’ is another expression which is found in Party Wall act. It may refer to a wall, a floor-partition or any type of structure that may separate adjoining buildings or parts of the adjoining buildings owned by separate individuals.

Which Party Wall Notice Should Be Used?

As a building owner, you may need to serve different types of Party Wall Notices to the adjoining owner depending upon the type of the construction project or its effect on the property.

1.  Party Structure Notice

This notice is served by a building-owner before undertaking any type of construction work described in Section-2 of Party Wall etc. Act. 1996 if the proposed work affects the existing party structures, such as

• Party walls/floor/partition separating the buildings or parts of buildings.
• Party fence walls
  A boundary wall between two properties in separate ownership and has been built astride a boundary
• Neighbour’s independent property

A building-owner may undertake the following types of construction work by serving this notice.

• Making holes to insert beams or pad-stones
• Removing chimney breasts
• Cutting in flashings etc.

This notice has to be served at least two months prior to the date of starting the project.

2.  Notice of Adjacent Excavation

This notice is supposed to be served upon an adjoining-owner under section-6 of Party Wall Act 1996 if the proposed construction work is related to the work described under this section. The provisions of section-6 of the Party Wall Act have been designed in order not to destabilise the foundations of the adjoining buildings or structures.

Two types of excavations are covered under section (6) of Party Wall etc. Act. 1996.

• Excavating within 3 metres of an adjoining building where it reaches a depth that is lower than the bottom of an adjoining building’s foundation.
• Excavating within 6 metres of an adjoining building where part of the excavation intersects with a plane that is drawn downwards at an angle of 45° from the bottom of the adjoining building’s foundation.

It is essential to declare the purpose of excavation on the notice. For example, a building owner has to mention whether the proposed construction work is supposed to safeguard or strengthen the foundations of an adjoining structure or building. The work may include underpinning. This notice has to be served at least two months prior to starting the project.

The Notice of Adjacent Excavation has to accompany the section drawings and plans that delineate the position of excavation in relation to the existing buildings alongside showing the depth of excavation.

3.  Line of Junction Notice

The line of junction (imaginary line) separates the land of adjoining owners. This notice is served in order to describe the intention of a building owner when constructing a wall either abutting or astride a boundary. This wall may not have been built yet or may have been built upon the line to the extent of a simple boundary wall that remains on the land of one property-owner. It is essential to serve this notice at least one month prior to the project.

If you are planning to carry out any construction work near the neighbour’s party wall and confused about what type of party wall notice should be served upon the adjoining owner, feel free to reach us anytime. We offer 30 minutes of free Party Wall Advice service.

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