The Party Wall Act of 1996 provides a framework for avoiding and resolving disputes on party walls. Owners of a building who wish to start construction on or near a party wall must provide notice to neighboring owners.
On their behalf, adjacent property owners have the authority to accept or reject the planned work, and to guarantee that the work is done properly and without damage to the property will go.
Which Party’s Wall Notification?
There are actually three separate party wall notices that you may need to submit, depending on your exact building work proposal:
- Notice under section 1 is required if you want to build on the property line.
- Section 3 Notice – Applies if you intend to build on an existing party wall or structure.
- A notice under section 6 is required if you intend to excavate within three meters of a party wall and below your neighbor’s existing foundations.
Each notice should include enough information for a neighboring property owner to understand how your proposed changes may affect his or her structure. General descriptors such as “building extension” can be inaccurate when challenged because they lack sufficient specificity.
Drawings are required for Section 6 notices, but may also be included in Section 1 and Section 3 notices as part of a comprehensive description of the planned works.
All party wall notices must be signed and submitted by the building owner or designated party wall inspector. A surveyor may use his professional skills to draft the notice and then give it to the client to sign and serve without permission.
Requirements For Party Wall Notices
- Prepare a complete written document.
- Provide the names and addresses of all property owners.
- Signed by the building owner or his authorized representative, e.g. B. property inspector.
- Include the date the notice was delivered (or posted)
- All adjoining owners (freehold and leasehold, if applicable) are to be served in accordance with the provisions of the Act.
- Provide sufficient information about the desired work and its start date.
- Include drawings illustrating unique foundations and/or foundation details with Section 3 notices.
- Include detailed plans and drawings showing the location and depth of excavation. as well as strengthening or underpinning any basis in the Section 6 Notice.
Hand-delivering party wall notices involve personally delivering the notice to the neighboring property owner. If the owner of the bordering property is not known, the notice must be served on the occupier.
The Act states that delivery must be “in person”. So if the neighboring owners or occupants are absent. Notices cannot be left in a letterbox. Assume that neighborly relations are pleasant. Presenting the notice this way can be a less formal way to let them know about your plans. and adds a personal touch to the legal process.
Delivery by Mail
The Party Wall Act stipulates that documents must be addressed to the neighboring property owner’s “usual or last known place of residence or business in the UK”, which is often the location shown on the title register.
However, if the official address for communication is no longer in use, you must select another means of delivery. If you want to mail party wall notices to surrounding property owners. You should obtain proof of postage from the post office or send the documents by recorded/registered delivery.
Service by Electronic Mail
The Party Wall Act was amended in 2016 by the Electronic Communications Order to provide for electronic transmission of documents, including notices thereof. For this to be valid, however, the building owner must have not only the neighboring owner’s email address.
But affiliates must also indicate a “desire to receive a notice or document by electronic communication.” At later stages of the procedure, an email service may be more beneficial for serving documents.
Attaching to a Prominent Part of the Property
In the event that the adjoining owner is absent, there is no answer on the property, or the building is vacant. Section 15(2) of the Party Wall Act nevertheless allows for the service of statutory notices.
Affix the notice to a “prominent feature of the property”, such as the front door or a second door or window, so that it is easily visible. As proof, it is advisable to take two photos: a close-up of the wording of the notice. And the second is showing notes in context.
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