If you’re planning construction work that affects a shared boundary with your neighbour, serving a party wall notice is a legal requirement under the Party Wall etc. Act 1996. But how exactly do you serve one, and what steps are involved? This guide will walk you through the entire process, ensuring your project is compliant and neighbourly relations stay intact.
What is a Party Wall Notice?
A party wall notice is a formal document informing your neighbour of your planned building works, such as:
- Work on a shared wall (like an extension);
- Excavating near their property; or
- Building along the boundary.
The notice gives your neighbour the opportunity to either consent to the works, request changes, or dissent and appoint a surveyor to resolve the matter.
When Should You Serve a Party Wall Notice?
A party wall notice must be served at least two months before work begins if it affects a shared wall or boundary and one month for excavation work. Failing to provide adequate notice can lead to delays and legal disputes.
Step-by-Step: How to Serve a Party Wall Notice
Here’s a detailed look at the process:
1. Identify When a Party Wall Notice is Required
Before serving a notice, it’s essential to confirm whether your work falls under the Party Wall Act. You’ll need to serve a notice if you plan to:
- Work on an existing party wall (such as demolishing or altering it).
- Carry out excavation within 3 to 6 meters of a neighbour’s property.
- Construct a new wall on the boundary line.
Check out this other article that goes into more details about when party wall awards are compulsory under the law. If in doubt, it’s best to consult with a party wall surveyor.
2. Prepare Your Notice
You can draft the party wall notice yourself but be aware that, if not properly drafted, the notice can be considered void. We recommend using an online Party Wall Notice Generator Tool (like the one available on PartyWallDIY.com) to avoid any nasty surprises. The notice should include:
- Your details (the building owner).
- Your neighbour’s details (the adjoining owner).
- A clear description of the proposed works.
- The date the works are due to start (ensuring it allows for the two-month notice period).
Make sure the notice is clear and specific, as any mistakes could invalidate it.
If you are unsure whether the works require a notice under the party wall act, read this article that outlines what works do and don’t require a party wall notice.
3. Serve the Notice
Once your notice is prepared, it must be served to your neighbour(s). There are several ways you can do this:
- By hand: This is the quickest and most reliable method. Simply hand the notice to your neighbour, ensuring they receive it in person.
- By post: You can send the notice by first-class post. It’s recommended to keep proof of posting (a certificate of postage) to ensure there’s no dispute over whether it was served.
- Email: In some cases, you can serve the notice via email, but you’ll need to have prior written consent from your neighbour to do this.
Make sure to keep a copy of the notice for your records.
4. What Happens Next?
After serving the party wall notice, your neighbour has 14 days to respond in one of three ways:
- Consent: If your neighbour agrees to the works, they can provide written consent, allowing you to proceed.
- Dissent: If they have concerns, they can dissent. This will require the appointment of a party wall surveyor (one agreed upon by both parties or a separate one for each).
- No Response: If your neighbour does not respond within 14 days, this is treated as a dissent, and a surveyor will need to be appointed to prepare a party wall award.
5. Appointing a Party Wall Surveyor
If your neighbour dissents or fails to respond, you and your neighbour will need to appoint a party wall surveyor. The surveyor will resolve any disputes and draw up a Party Wall Award, which sets out the details of the work, when it will happen, and any protections needed for the neighbour’s property. If you are wondering who pays for party wall surveyors, read this article.
FAQs About Serving a Party Wall Notice
Q: Can I serve a party wall notice myself?
Yes, you can serve the notice yourself, provided it contains all the necessary information and is delivered according to the Party Wall Act. Our party wall notice generator can help you draft a compliant party wall notice.
Q: What if my neighbour refuses to consent?
If your neighbour refuses to consent or does not respond, the matter will be resolved by a party wall surveyor. They will issue a Party Wall Award, ensuring the work can proceed in accordance with the party wall agreement.
Q: How long does the process take?
The entire process can take several months, so it’s essential to plan ahead. Ensure your notice is served well in advance of when you wish to begin the works.
Conclusion
Serving a party wall notice is a vital part of any construction project that involves a shared wall or boundary. By following the steps above, you can ensure that you meet your legal obligations and avoid potential disputes with your neighbours.
Need help with drafting a party wall notice? Use our Party Wall Notice Generator Tool to create a compliant notice in minutes, or consult with a surveyor for more detailed advice.