Instructions for Providing Notice of Party Wall

Table of Contents

1. What Party Wall Notification Are You Referring To?[+]
   1. Notification Requirements for Party Walls
2. There are four distinct ways of serving a Party Wall Notice.[+]
   1. Hand-Delivery of the Item(s)
   2. Shipping through Regular Mail
   3. Customer Service Via Electronic Mail
   4. Situated in nearness to a truly noticeable piece of the property

The Party Wall Act of 1996 establishes procedures for preventing and resolving disputes related to party walls. When building owners intend to carry out construction near or on a party wall, they must notify the owners of adjacent buildings. These neighboring property owners have the opportunity to express their opinions regarding the proposed work, agree or disagree with it, and ensure assurances that the work will be done carefully without causing damage to their properties.

What Party Wall Notification Are You Referring To?

There are three types of Party Wall Notices based on different construction plans:

1. Section 1 Notice is for building on the property line.
2. Section 3 Notice is for building on an existing party wall or structure.
3. Section 6 Notice is for excavation near a party wall within three meters and below the neighbor’s foundations.

Each Notice must provide sufficient details for the adjacent property owner to understand the proposed changes. Drawings are necessary for Section 6 Notices and may also be included in Sections 1 and 3 Notices. The Notices must be signed and delivered by either the building owner or their appointed Party Wall Surveyor. The surveyor may draft the Notice and have the owner sign and serve it, typically after receiving payment for their services.

Notification Requirements for Party Walls

The Party Wall Act mandates specific details and actions for serving notices. These include listing all landowners with contact details, ensuring the notice is signed by the building owner or an authorized representative, specifying the date and time of delivery or posting, providing adequate details about the planned work and its start date, and including detailed plans and drawings for Section 3 and Section 6 Notices. For Section 6 Notices, detailed plans must show the location, depth of excavation, and any supporting structures or finishes.

There are four distinct ways of serving a Party Wall Notice.

To ensure the legal validity of Party Wall Notices, they must be served according to Section 15 of the Act. This outlines specific acceptable methods of service, which are essential for the Notice to be considered legally valid.

1. Hand-Delivery of the Item(s)

During hand delivery of a Party Wall Notice, the document is personally handed to the adjacent property owner or tenant. If the adjacent property owner’s name is uncertain, the tenant is the designated recipient. The Act specifies that delivery must be done “in person,” so leaving the Notice in the mailbox is not allowed if the owners or tenants are not present. While this method adds a personal touch to the legal process and fosters friendly relations, it remains a less formal way of informing them about your plans.

2. Shipping through Regular Mail

The Party Wall Act requires that any documentation be sent to an adjacent landowner’s “usual or last known residence or business address in the United Kingdom,” typically the address listed on the title register. It also mandates sending the documentation to the owner of the property in question. However, if the official address is no longer valid, you must choose an alternative delivery method. You can either obtain proof of postage from the post office or send the documents by recorded or registered delivery if you choose to mail the Party Wall Notice to neighboring property owners.

3. Customer Service Via Electronic Mail

The Party Wall Act was updated in 2016 by the Electronic Communications Order to permit the delivery of documents like Party Wall Notices electronically. However, for this to be legal, the building owner must not only know the adjacent owner’s email address but also receive confirmation from them about their ability to receive notices electronically. Email delivery may be more convenient during the later stages of the process.

4. Situated in nearness to a truly noticeable piece of the property

If the adjacent owner cannot be located, there is no response at the property, or the building is vacant, a legal Notice can still be served as per Section 15(2)  Attach the Notice to a visible part of the property, such as the front door, another door, or a window, to ensure it is easily seen, like placing it on the window of the front door. It’s recommended to take two pictures as evidence: one showing the content of the Notice and another showing the Notice displayed on the property.

Thank you for reading!