11/07/2019 by Foysol Ahmed
How to check whether a Party Wall Notice is valid
A Party Wall Notice is a legal document that is prepared by a Building Owner or their representatives regarding works that they intend to carry out in close vicinity to a neighbouring structure or to the boundary line. The Notice is intended to inform neighbouring owners (which can include long-term leaseholder etc) of the implications of their proposals on the neighbours.
First and foremost, it must be made clear to persons who may be seeking Party Wall advice that it is the duty of a Building Owner to serve the appropriate notice or notices upon all Adjoining Owners. In absolute terms – NO NOTICES means NO RIGHTS under the terminology of the Party Wall etc. Act 1996.
There are three types of Party Wall Notices:
1. Line of Junction
2. Party Structure
3. Notice of Adjacent Excavation
In many situations, more than one type of notice is required and it is essential that you ensure all notices required under the Act are given. Make sure the Notice you receive clearly states the type of work that is to going to be carried out and how it may affect you.
The notice must state and cover the three main sections mentioned above, if it is not clear or you believe it effects more than what has been stated, it could be invalid.
This is obvious, but notices must be for work due to be carried out and not for work that has ALREADY been carried. Party Wall Notices cannot be retrospectively served.
Notices will become invalid if the work to which they relate to has not begun within the period of twelve months beginning with the day on which the Notices are served and also if the work is not prosecuted with due diligence.
Serving an invalid Party Wall Notice can lead to added cost and delay, therefore, getting it right is key!
Not sure if your Party Wall Act Notice is valid? Are you looking for a Party Wall Act Surveyor? We at Seven One Associates are happy to help with any Party Wall Act Notices and Party Wall Act agreement.