Notice or no notice?
Posted on 20th September 2024 at 09:42
Do I need to serve a party wall notice or can I ignore the Party Wall etc. Act 1996?
Hopefully after reading this website, you should be well informed if you need to serve a notice or not. However, below is a summary of when you must serve a notice on an adjoining owner.
If you are building a new wall on the line of the junction where no wall currently exists. The line of junction is the invisible line where the two lands meet.
If you want to build a new party wall on the line of junction. This is a wall that sits over the line of junction. Your neighbour must consent to this, or you must build it on wholly on your own land.
If you want to do work to the party wall or party fence wall such as :
underpinning
thickening (such as fixing insulation and plasterboard etc)
carrying out repairs to the walls
demolishing and rebuilding (for whatever reason)
increasing the height
cutting into the party wall (for any purpose such as a beam or dpc) [Note- this does not apply to a party fence wall]
cutting away a chimney breast or other projection on your land attached to the party wall
cutting into an adjoining owners wall to insert a flashing between that and your wall
any works incidental to tying in a building to the party wall [Note- this does not apply to a party fence wall]
raising or demolishing /rebuilding a party fence wall and then using it as a party wall (to form part of a new extension for example)
reducing the height (but not less than 2m)
exposing the wall (if you are stripping off your complete roof etc.)
If you are excavating on your own land but within 3m of the adjoining owner's building or structure (this could be a garden wall for example) AND your excavation will be lower than the bottom of the adjoining owner's foundations.
If you are excavating on your own land but within 3-6m of the adjoining owner's building or structure AND where your excavation is so deep it will intersect a 45-degree line projecting from the underside of the adjoining owner's foundation.
You do NOT need to serve a notice if you are :
Erecting a wall away from the line of the line of junction (even if that distance is very small) as long as the excavation for the foundation will not be within 3m of the adjoining owner's foundation or if it is, not deeper than their foundation.
Converting your basement and putting in a new floor as long as you do not cut into the party wall or dig down lower than the party wall foundations, or the adjoining owner's foundations.
If you are erecting a timber fence or concrete post and timber panel fence on your land on the line of junction (as long as you do not encroach on your neighbours land).
Painting your fence (as long as it your fence or at least jointly owned)
Making the chimney breast opening wider (to fit an AGA for example), as long as you do not cut any away from the party wall.
If you are cutting away an internal wall but leaving a small pier against the party wall.
Excavating on your own land if you are not going lower than the adjoining owner's foundation. It does not matter if you are excavating right up the adjoining owner's building as long as you do not go deeper.
Tagged as: basement conversion, cutting into a party wall, do i need a notice, erecting a timber fence, painting a fence, party wall notice
Share this post: