Do I need to serve a Party Wall Notice? When does the Party Wall etc. Act 1996 apply? The following will provide broad guidance on the application of the Party Wall etc. Act 1996 however we suggest that we be contacted for your specific circumstances.
Notice under the Act is broadly required under the following circumstances:
Section 1 of the Act – New building on the line of junction (the boundary)
1) Building a new wall up to the boundary where the boundary is currently not built on other than by a fence or masonry garden wall not being a Party Fence Wall or an external wall of a building.
2) Building a new wall astride the boundary where no wall currently exists subject to express consent by the adjoining owners.
Section 2 of the Act – works to a party wall, party fence wall or party structure
3) Any works to a party wall, party fence wall or party structure including but not limited to:
Section 6 of the Act – excavation
6) Excavating for new foundations (or for any other excavation) within 3 metres of, and to a greater depth than an adjoining owners’ structure.
7) Some deep excavations, typically within 6 metres of an adjoining owner may require a notice.
The above is not meant to be a detailed list of when the Act can be invoked, it serves to provide an overview of the three areas of the Act that require a notice to be served and seeks to provide a basic framework to answering ‘do I need to serve a Party Wall notice‘.
For detailed information and free advice, call us for an informal discussion on 01245 493 020.
We are a member of the Faculty of Party Wall Surveyors Home – Faculty of Party Wall Surveyors (fpws.org.uk)
