Party Wall Notice Template

PARTY WALL NOTICE TEMPLATES

In This Article We Discuss How To Use Templates Downloaded From The Internet To Serve Your Own Notices

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Using Party Wall Template Notices

If you want to create a party wall notice to give to a neighbour, then you need to make sure that it includes certain things.

The party wall notice is an official document which informs the neighbour that you intend to make alterations to a wall which is shared by the both of you, therefore, it has to contain certain information in order to be valid.

As your party wall notice will often be examined by a party wall surveyor, it is vital that you get it right.

Obviously, understanding what information your party wall notice must contain will be essential if you are to have any success in preparing and serving your own notices.

Party Wall Notices - The Basics

When it comes to preparing your own party wall notices, either from a template or starting from scratch, you have to remember that there are multiple notices for different types of building works.

Some building work projects may require 2 or more different notices to be issued, with each specific to certain notifiable works.

So the very first thing you need to do is look at what works you are doing to your property and there are three main types of notice that need to be served.

For instance If you are building on or very close to the boundary, this will require a notice to serve on your neighbour (section 1 notice)

If you are excavating within 3m of your neighbours home or an outbuilding then this will require a separate notice (a section 6 notice)

And should you be working on the party wall itself, perhaps removing a chimney or converting your loft then these works will include a notice specifically for those works (a section 3 notice).

A valid notice will also need to contain the name(s) and addresses of all registered owners.

There must also be an official declaration that in keeping with the Party Wall Act 1996, you intend to carry out building works, and you are informing people as are their statutory rights in this area.

Make sure that this notice is delivered at least two months prior to when you wish to begin the work for a section 3 notice, or one month for all other notices.

Alternatively if you wish to start earlier, you must specify on the notice itself. It is important to note that you have to be transparent about everything you intend to do, and attempting to deceive the building owner about any part of the process is not recommended.

You will also need to have a Party Wall Surveyor in mind who you are wish to employ in the event of a dispute and you should put forward the name of this surveyor as an option to be agreed surveyor should your neighbour choose the option to dissent to your notice but is happy to use your chosen surveyor rather than appoint their own separate surveyor (which would keep your overall costs down).

If you are in any doubt about which notice(s) you need to serve or which neighbours need notices served on them it is worthwhile getting a Party Wall Surveyor to serve the notices for you.

Should you serve incorrect notices and your neighbour does dissent then their party wall surveyor will need to rectify these errors which will result in additional costs further down the line.

We offer a fixed fee service to serve all appropriate notices to any affected neighbours at a rate of £25.00 per neighbour including land registry searches.

Types Of Notices - Party Structure Notice (Section 3)

A Party Structure Notice is served under section 3 of the Party Wall Act.

A Party structure notice is required if you are carrying out works directly on the party wall itself and they are served under section 3 of the Act.

A Party Structure Notice covers works detailed in section 2 (2) sub sections (a) to (n)

Because this type of notice if for works carried out on the Party Wall itself, there is a longer notice period required for this type of notice.

A Party Structure Notice will need to be issued 2 months prior to works starting whereas all other notices require just 1 months notice.

Common building works carried out under a Party Structure notice would be cutting holes into the Party wall to install steel beams for a loft conversion for instance.

Other types of work that fall under a section 2 notice would be chimney removals, or if you intend to extend, or demolish all or part of a party wall or fence.

So what information needs to go on a Party Structure Notice?

Your notice must include the full name(s) and address(es) of ALL registered owners.  We strongly advise that you carry out a land registry check to ensure you have served notice on the actual owner of the neighbouring property.

Your section 2 notice will also need to detail the type of work you are proposing to carry out together with the date in which you want to begin the building works.

Types Of Notices - Adjacent Excavation (Section 6)

Notices of Adjacent Excavation are concerned with works notifiable under section 6 of the Act.  Notice of adjacent excavation is required if you are planning on excavating (for foundations for an extension for example) within 3m of your neighbours property.

There is also a 6 metre notice however this is geared more toward basement conversions as it is extremely unlikely to be required for a domestic extension – even when your using piled foundations.

Therefore for this Article we will concentrate on the 3m notice as this is the most common Adjacent Excavation notice served.

So what information needs to go on a Party Structure Notice?

Your notice must include the full name(s) and address(es) of ALL registered owners.  We strongly advise that you carry out a land registry check to ensure you have served notice on the actual owner of the neighbouring property.

Your section 6 notice will also need to detail the type of work you are proposing to carry out together with the date in which you want to begin the building works.

This type of notice also requires Architect plans and and Cross Sectional detail to show the extent of the foundation proposed and its correlation with your neighbour property.

The notice must contain the same information as a Party Structure Notice but also be accompanied by plans and sections showing the extent of the proposed excavation.

Types Of Notice Line Of Junction (Section 1)

In practice, on conclusion of the award the Adjoining Owners Surveyor will propose a rate for the hour together with a total fee for their role in agreeing an award.

This hourly rate and final bill will be either accepted or rejected by your own surveyor, who will check the timesheet of the Adjoining Owners Surveyor to determine if the fee is accurate and reasonable.

The timesheet for the Adjoining Owners Surveyor will be influenced by a variety of different things, like for example checking the designs, speaking with experts, assessing the planned works, authenticating the works, and a selection of other tasks.

What Options Does My Neighbour Have

The options given to your adjoining owner are generally as follows:

  1.             Consent To The Works (No Further Action Required)
  2.             Consent To The Works Subject To A Schedule of Condition Being Carried Out
  3.             Dissent To The Works but happy to use same surveyor as you
  4.             Dissent To The Works and wish to appoint their own surveyor

So now we’ve seen the options open to your neighbour, lets see what each one actually means.

What If They Consent To The Work?

If your neighbour has ticked this box then this is is probably the best outcome you could of ished for. 

It means that you have no need to involve party wall surveyors and you can begin your build as soon as the notice period has expired (or sooner if your neighbour agrees).

What If They Consent To The Work Subject To A Schedule Of Condition?

Of all the options, this is probably the most common box ticked and in all honesty it is still a very good outcome even if it does mean you will need to pay for a schedule of condition report.

Basically, your neighbour is happy for works to go ahead however they want the security of having a schedule of condition carried out prior to building works taking place.

What this involves is us or your chosen party wall surveyor attending your neighbours property and carrying and a written and photographic schedule of their property.

In the event that damages are incurred you can simply cross reference the damage against the schedule photos to ascertain if damage was there prior to works being undertaken.

This is a good option for all parties as it also protects you/your contractor from any fraudulent claims for damages that were present before building works took place.

What If They Dissent But Happy To Use My Chosen Surveyor

So they have dissented however they have agreed to use the same surveyor as you.  This allows you to keep your costs down.  Party Wall awards are often faster in general when using an agreed surveyor

What If They Dissent But Want To Appoint Their Own Surveyor?

This is perhaps the longest and costliest option that your neighbour could have chosen.  If you have chosen wisely and chosen your surveyor on a fixed fee basis then thankfully you can keep these costs under control however the bill from our neighbours Party Wall

Surveyor may increase your overall costs above the three options above.

Final Thoughts

Ultimately, it is up to you to provide the building owner with as much information as possible regarding the project itself. The more information that you can provide, the greater the chance that they will come to a proper conclusion quickly. Remember to be open and approachable when it comes to communication, because they will probably have questions about the state of the project.

Providing notice for a party wall alteration is not something which has to damage the relationship between you and your neighbour. It’s important to be open and transparent about what you intend to do, to be friendly about talking through any questions or queries, and to be patient with them while they make the best choice.

Your project may well hinge on how well you create a party wall notice.

There are numerous different options on the Internet which will provide you with a plethora of choices with regards to wording.

It’s important to remember that a party wall surveyor may well look over this information and provide you with feedback, or alternatively provide a challenge if they are on the opposite side.