Party Wall Act Section 2 - Party Structure Notice
Are you carrying out work to an existing party wall.
This what most people think the Party Wall etc. Act 1996 is all about. If an owner is intending to carry out any work to an existing party wall between their property and an adjoining owner's property, they should first serve a section 3 - ‘Party Structure Notice’ on the adjoining owner to let them know.
This might be if they intend to build a loft conversion and put beams in the party wall, remove a chimney breast or maybe even carry out work to a party fence wall dividing the gardens of the properties.
A section 3 notice sets out the work listed under section 2 of the Party Wall etc. Act 1996 that a building owner has the right to do subject to serving a valid notice on the adjoining owner.
Work listed under section 2.
Here is a list of work detailed under section 2 of the Act:
Underpinning, thickening or raising a party wall or party fence wall
Making good, repair, demolish and rebuild on account of defect or want of repair
Demolishing a partition that does not conform with statutory requirements and instead build a party wall which does conform
Demolish and rebuild parts of buildings connected by arches or structures over public ways, passages and rebuild them so they do conform
Demolish a party structure of insufficient strength or height and rebuild of sufficient strength and height
Cut into a party structure for any purpose
Cut away from a party wall, party fence wall or external wall any projection over the land of the building owner
Cut away or demolish any parts of a wall or building belonging to an adjoining owner and overhanging the land of a building owner
Cut into the wall of an adjoining owner to insert a flashing
Any work necessary incidental to the connection of a party structure with the premises adjoining it
Raise or demolish and rebuild a party fence wall as a party wall
Reduce the height of a party wall or party fence wall
expose a party wall subject to adequate weathering
As you can see, most work to an existing party wall or party fence wall will come under this section unless it is very minor work. Drilling for wall-plugs and screws to put up a shelf or knocking a nail in to hang a picture are considered minor works and are outside the Act. However, drilling for a damp proof course will be generally be notifiable works.
Looking at it objectively, you have to ask yourself ‘would the work to the party wall be likely to affect my neighbour’?
A Section 3 Party Structure Notice must be served at least two months before any work is due to start. The adjoining owner must consent to the notice within 14 days otherwise there is a dispute and party wall surveyors must be appointed.
Call Party Wall Expert to discuss your intended work and for a fixed cost of serving notice and acting in the event of a dispute.
To safeguard your property or for advice about serving notice call now: