If you are a property owner undergoing some construction work on your home that may affect your neighbours’ property; and if the notifiable work you intend to carry out requires the service
of a Party Structure Notice it is imperative that you comply with all relevant legal obligations under the Act including a Party Structure Notice. This Notice serves multiple purposes including ensuring that the Adjoining Owners are fully aware of the proposed construction work to the Party Wall itself via a schedule of condition, the Notice allows the Adjoining Owner to instruct an Adjoining Owner’s Surveyor to act on their behalf at the Building Owner’s cost and allows the Adjoining Owner to identify the potential impact that the works to the Party Wall may have.
It also identifies the scope, scale and nature of the proposed work, offering a clear outline of what is to take place and how it may affect the adjoining property, resulting in a transparent process and creating a good relationship between the adjoining neighbours by pre-empting misunderstandings and disputes. If you live in a property that has a shared wall or boundary, and are carrying out work that requires the service of a Party Structure Notice, understanding the legal requirements and legislations is crucial.
A Party Structure Notice is essentially a formal document that provides notification and is made and served by the building owner or their appointed Party Wall Surveyor in Plaistow to the adjoining owner informing them of their intended construction work and the impact it will have on the shared boundary. This declaration is part of the Party Wall Act 1996, and the act is there to regulate the rights and responsibilities of property owners regarding boundary walls and to ensure that work is carried out with mutual consent and minimal disruption. Within this post we discuss more about what a Party Notice Structure is; when it is required and why.
What is a Party Structure Notice?
A formal and legal document that is arranged and issued by the legal property owner who is to undergo some construction work on their property. The document is issued to their adjoining owners and is there to inform them of planned construction or renovation works that may impact the shared Party Wall. This is a crucial step for all parties involved as it offers transparency and visibility to the adjoining owner of the proposed works and gives them the opportunity to evaluate and discuss it. The adjoining owner is then in a legal position to either consent to the proposed works; or dissent (dispute) them, and potentially appoint their own surveyor to address these.
What if you Forget to Serve a Party Structure Notice?
A vital component to any construction work when a shared wall is involved is the serving of a Party Structure Notice. Serving this notice correctly, prior to any work commencing or within the required timeframe is key as it helps to avoid potential delays or legal complications that could arise if the notice is not served correctly or at all.
When you are considering or starting an extension, renovation or any form of construction work on your property, the process can be overwhelming. There are numerous complex and detailed elements to research, plan, design, budget for and navigate and it is easy to overlook and forget some of the steps that we need to take. If you do find yourself in a position where you are
unsure whether a Party Structure Notice is applicable, then please send The Party Wall Guru a
copy of your architectural and/or structural engineer’s drawings, and we would be happy to
assist. With the help of our fully qualified Party Wall specialists we ensure to reduce potential
legal disputes, delays and additional unexpected costs.
When Do you Need to Serve a Party Structure Notice?
A notice is required when you intend to carry out any form of work that could affect a shared wall with your adjoining neighbour. Examples of this include cutting into the wall to insert beams, or a damp proof course, cutting away from the Party Wall to remove a chimney breast, raising or lowering the wall’s height, demolishing and rebuilding the wall, or excavating near the wall. In essence we are referring to any construction or renovation that might impact the structural integrity or usage of a shared Party Wall.
A Building Owner who is intending to carry out works that involves the service of a Party Structure Notice must serve the Party Structure Notice at least two months before the notifiable work commences, unless express consent is granted by the Adjoining Owner. When the Building Owner serves a Party Structure Notice, it is vital that they include any details of access requirements, the proposed date of commencement of works and of course their contact details and full details of the works to be carried out.
For a Party Structure Notice to be valid, the following information must be included in the notice:
- Name and address of the legal owners (both Building Owner and Adjoining Owner) as
stated in Land Registry Titles or Companies House records in cases of UK listed
companies. - Detailed description and nature of the proposed works. It is advisable that a detailed
drawing(s) should also accompany the Party Structure Notice; however, this is not a
legal obligation. - Details of the Building Owner’s Surveyor appointed to act on behalf of the Building
Owner. This is also not a legal requirement because if the Adjoining Owner has no
objections, you might not need a surveyor. Nevertheless, it might be wise to include the
surveyor’s details in the Party Structure Notice so that the Adjoining Owner may consider them as a potential ‘Agreed Surveyor’ to act impartially on behalf of the Party Wall itself. - The start date of the work and confirmation that it will not begin until two months have
elapsed unless an earlier start date is agreed to by the Adjoining Owner(s).
In Search of a Party Wall Expert?
Seeking professional advice from experts within this field, such as The Party Wall Guru will make sure that you are prepared and serve notice to your adjoining neighbours in accordance with the Party Wall Act 1996. This guidance is there to protect the rights and interests of all parties involved, minimising disputes and maximising the chance of a seamless and stress free construction project.
The Party Wall Guru has over 10 years’ experience and has a team of knowledgeable chartered surveyors who manage the intricacies of the legislation and will guide you through the process with ease; bringing you peace of mind that we will take care of all the legal obligations and necessary paperwork. We pride ourselves on prioritising compliance and our aim is to minimise any inconvenience to yourselves and to your adjoining owners or neighbours.
If you are searching for a Party Wall expert, then please contact our team with your enquiry and explain how we can help in more detail. Please call us today on 020 8058 9883, email us at surveyors@thepartywallguru.com or complete our online form and we will get back to you.
