There are 3 types of notice that a Building Owner may be required to serve upon an adjoining owner in relation to works that fall within the scope of the Party Wall Act.
Section 3 of the Act covers Party Structure Notices which cover works notifiable under Section 2(2) (a) to (n). In general the works are significant alterations to the Party Wall itself and include work such as cutting in to the Party Wall for any purpose, e.g. inserting a damp course, removing a chimney breast etc.
Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary. Examples include drilling into the wall for fixings and replastering.
The notice period required is 2 months before the planned starting date. There is no official form for the Notice but it must include the following to be valid:
Notices of Adjacent Excavation relate to works notifiable under section 6 of the Party Wall Act and there are two types:
The notice must contain the same information as a Party Structure Notice along with plans and sections showing the proposed excavation with a plan of the location of the new building or structure.
A Line of Junction Notice is served under Section 1 of the Act and covers two types of work:
The notice period required is 1 month before the intended start date for the building works. The notice must state the desire to build and describe the intended wall.
If no response is received to a Section 1 notice, relating to the intention to build a new wall up to the boundary, the work can commence when the notice period has expired. The Building Owner may place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction of the wall.
An adjoining owner may prevent the building of a new wall astride the boundary. If the adjoining owner does not respond in writing within 14 days the building owner will have to build the new wall entirely on his side of the boundary line. The Building Owner may place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction of the wall.
A Notice may be served in person or by post. If owner's name is not know the notice may be served on and addressed to "The Owner" but must be delivered personally or displayed on the premises.