What is a Party Wall Notice?
A Party Wall Notice is an official declaration issued by the ‘Building Owner’ who intends to carry out construction work. This notice informs neighbouring property owners (known as ‘Adjoining Owners’) about proposed work that may affect shared walls, boundaries, or structures.
Professional Assistance
Given the complexities of the Party Wall Act, seeking professional help is often advisable. Chartered Surveyors specialising in party wall matters, like those at Simmons Taylor Hall in Croydon, can provide invaluable assistance:
- Proper Notice Preparation: Ensure notices are correctly prepared and served.
- Expert Advice: Provide guidance on complex party wall matters.
- Dispute Resolution: Act as impartial surveyors to resolve disputes.
- Compliance Assurance: Ensure all actions comply with the Party Wall Act.
When is a Party Wall Notice Required?
According to the Party Wall Act, property owners in Croydon must serve notice before commencing certain types of construction work. Here are the key scenarios that require a Party Wall Notice:
1. Erecting New Walls on the Boundary
If you plan to build a new wall up to or astride the boundary line between your property and your neighbour’s, you must serve a Party Wall Notice. This includes:
- Building a new wall on the boundary
- Extending an existing boundary wall
- Constructing a new building with its wall on the boundary
2. Work on Existing Party Walls or Structures
Any work directly affecting a party wall, party structure, or party fence wall requires notice. This includes:
- Cutting into the party wall
- Making the party wall taller, shorter, or deeper
- Removing chimney breasts from a party wall
- Knocking down and rebuilding a party wall
- Cutting a flashing into a party wall
3. Excavations Near Neighbouring Buildings
Excavation work near your neighbour’s property may require a Party Wall Notice. Specifically:
- Digging within 3 metres of a neighbouring structure and to a depth lower than its foundations
- Digging within 6 metres of a neighbouring structure, where the excavation intersects with a line drawn downwards at a 45-degree angle from the bottom of its foundations
The Party Wall Notice Process
Serving a Party Wall Notice involves several steps:
- Prepare the Notice: The notice should include details of the proposed work, the start date, and any drawings or plans.
- Serve the Notice: Deliver the notice to all affected adjoining owners. This must be done at least two months before the planned start date for party wall works, and at least one month for excavation work.
- Wait for Response: Adjoining owners have 14 days to respond. They can:
- Consent to the work
- Dissent and appoint their own surveyor
- Dissent and agree to use an ‘Agreed Surveyor’ who acts impartially for both parties
- Proceed Based on Response: If consent is given, work can begin. If dissent occurs, the formal Party Wall Award process begins.
Benefits of Proper Notice
Serving a Party Wall Notice correctly offers several advantages:
- Legal Compliance: It ensures you follow the law, avoiding potential legal issues.
- Protection: It protects you and your neighbours from potential disputes or damage claims.
- Clear Communication: It opens a communication channel with your neighbours about the proposed work.
- Smoother Process: Properly informed neighbours are often more cooperative, potentially leading to a smoother construction process.
Consequences of Non-Compliance
Failing to serve a Party Wall Notice when required can lead to serious consequences:
- Legal Action: Your neighbour can take you to court, potentially resulting in an injunction to stop the work.
- Financial Costs: You may be liable for legal costs and damages if work proceeds without proper notice.
- Delays: Legal disputes can significantly delay your project.
- Damage to Neighbour Relations: Proceeding without notice can harm your relationship with neighbours.
Tips for a Smooth Party Wall Process
- Communicate Early: Engage with your neighbours before serving the notice. Open communication can prevent misunderstandings and reduce the likelihood of disputes.
- Be Clear and Detailed: Ensure your notice includes all necessary information about the proposed work.
- Allow Ample Time: Serve notices well in advance of your planned start date to allow for any potential delays in the process.
- Consider a Schedule of Condition: Even if your neighbour consents, implementing a Schedule of Condition can protect both parties by documenting the pre-existing condition of the adjoining property.
- Seek Professional Advice: If you’re unsure about any aspect of the Party Wall Act or process, consult with experienced party wall surveyors.
Conclusion
Understanding when you need a Party Wall Notice is crucial for any property owner in Croydon planning construction work. By serving proper notice, you not only comply with legal requirements but also pave the way for a smoother construction process and maintain good relations with your neighbours.
Remember, the Party Wall Act is designed to protect both building owners and adjoining owners. By following the correct procedures, you can ensure your project proceeds legally and with minimal disruption to all parties involved.
If you’re planning any work that might require a Party Wall Notice, or if you’re unsure about your obligations under the Party Wall Act, don’t hesitate to seek professional advice. Experienced party wall surveyors can guide you through the process, ensuring compliance and helping to resolve any issues that may arise.
By taking the time to understand and properly implement the Party Wall Notice process, you’re investing in the smooth progress of your construction project and the preservation of good neighbour relations.
