Different Types of Party Wall Notice Every Homeowner Should Know

There are 3 main types of party wall notice, and it is important to know what each one means to you

1. There Are 3 Main Types Of Party Wall Notice: Line Of Junction Notice, Party Structure Notice, and Adjacent Excavation Notice.
2. Party Wall Notices Are A Legal Requirement that help protect both owners from property damage, disputes, and the Loss of Legal Rights.
3. You cannot Start Work Affecting A Party Wall Without Written Consent Or A Formal Party Wall Award.

They are a legal requirement to help protect all parties from property damage and disputes, and to safeguard legal rights for both parties. Your property is likely to be your largest investment, so it’s worth a five-minute read to ensure that you are abiding by the law and protecting your home. Notices are referred to by name and by section number. The section number is where you find them in the Party Wall Act. You cannot start work that affects a party wall without a written agreement or a formal award from a surveyor.

Is your neighbour carrying out building works? Do you have a shared wall (think terrace house, or semi-detached)? Your neighbour, (referred to as the building owner), must issue you with a party wall notice stating that they plan to carry out building works. The type of notice they issue depends on the extent of access they need to your land and the type of building work proposed.

A Party Wall Notice is required for the following:

• Cutting into the party wall
• Demolishing and rebuilding a party wall
• Raising or shortening the party wall’s height
• Removing a chimney on a party wall
• Underpinning a party wall
• Constructing a new wall at the boundary
• Excavating near an adjoining owner’s structure
• Carrying out works to a party fence wall (i.e. shared wall with no building attached)
• More on Party Wall Notices

There are a number of awards, and it is important that you don’t just ignore them! Here is a good FAQ page which will help.

1. Line of Junction Notice or Section One Notice

This is the most common notice that must be issued by the building owners at least one month before any construction work begins. This notice allows for:

• Building owners are to gain access to the adjoining owner’s land. In practice, this means putting up scaffolding to begin their building works. Think of it as “astride” the boundary.
• A line of junction is the legal boundary where two properties meet.
• If your neighbour needs to actually gain access to your land (or their agent or builders), this would require a Section 8 notice.

2. Party Structure Notice or Section 3 Notice

A party structure notice is issued if your neighbour is

• Cutting into a party wall
• Raising or underpinning a party wall
• Removing chimney breasts from a party wall
• Carrying out repairs or structural alterations to a party structure

As the work is more invasive, this notice has to be issued two months before any work commences. It becomes redundant if the work does not start in 12 months.

3. Adjacent Excavation Notice (section 6 Notice)

The name gives it away. Section 6 of the Act states that the building owner undertaking the work must inform their neighbours if they plan to excavate within 3-6 metres of the adjoining owner’s building or structure. (six metres where the 45-degree rule is met.) This notice is more common in cities like London, where space is at a premium. If you live in the Home Counties, it is less likely to see this type of notice unless it is for foundations, basements and extensions. It should be noted that all parties within a 3-6 metre distance need to be informed, even if they are not affected.

Next steps

If you would like to talk to Simon about a notice you need to prepare or one you have received, please contact him here or call 07834 761 411.