How do you serve a party wall notice correctly?
It is essential that party wall notices are issued correctly, in a timely manner. They must always be in writing. Avoid the temptation to have an over the garden fence chat with your neighbour. They must be official notices and not just a note that states an agreement has been made.
Is there a standard format for party wall notices?
The Party Wall Act sets out what information a properly served party wall notice must contain. There is no standard format, but many party wall surveyors use standard templates to ensure that the notice provides the required information. It is essential that your party wall notices are properly drafted and valid, any error can make them invalid and set back your work.
Are there different types of party wall notice?
There are three different party wall notices that may need to be served. You may need to use one, two or all of them:
- Section 1 Notice – where you want to build on the boundary line
- Section 3 Notice – where you want to work on an existing party wall or party fence wall (garden wall)
- Section 6 Notice – where you want to excavate within 3m of your neighbour and deeper than their foundations
What should the party wall notice include?
- Give the name and address of the people doing the work (‘the building owner’). If there are two owners, for instance Mr and Mrs Smith, then both must be named.
- Be signed, either by the building owners or their authorised representative.
- Be dated. The date should be the delivery date if done in person, or the date of posting if being sent in the mail. This is important as the notice period starts running from the stated date.
- Be served on all neighbours (‘adjoining owners’) as defined by the Act. This can include both freehold and leasehold owners.
- Give sufficient detail and description of the intended work and the date on which you want to start.
Do I need to include drawings or plans for the work I want to do?
Many party wall surveyors consider it good practice to include a drawing explaining the proposed work.
If a notice is served under Section 6 for adjacent excavation, then it must be accompanied by plans and sections showing the site and depth of any excavation. These drawings are mandatory for Section 6 notices. It must also state whether the building owner intends to underpin, or otherwise strengthen the foundations of the adjoining owner’s building. If reinforced foundations are in your building plan, you may need to confirm that special foundations are proposed.
Who serves party wall notices?
All party wall notices must be served by building owners, but you can authorise a party wall surveyor to sign and serve notice on your behalf. It is vital that you ensure the party wall surveyor is authorised before they issue a notice on behalf of the building owner. A surveyor can of course prepare the notice and pass it to their client to sign and serve without such authority.
How can Collier Stevens help me get my party wall notice right?
We have free templates for you to use which you can download here. Please email us for our free and detailed guide to filling these in correctly. If you need help though, please get in touch for a free no obligation quote.
Steven Way
Steven Way BSc MIHEEM MFPWS MRICS is the Practice Principal and is a Chartered Building Surveyor. With over 35 years as a practicing surveyor, Steve has a wealth of experience and expertise in both residential and commercial building surveying, party wall advice and disabled access auditing. He has also built his reputation as an expert witness.