The Party Wall Act of 1996 establishes a framework for preventing and resolving disagreements over party barriers. When the owners of a building desire to start construction on or near a party wall, they are required to give notification to the owners of the adjoining buildings. For their part, adjacent property owners are given the opportunity to voice their opinions regarding the type of work that is carried out, the choice to either agree or disagree with the planned work, and assurances that the work will be carried out accurately and without causing any damage to their properties. https://partywallsolutions.net/retaining-walls-disputes/
What Party Wall Notification Are You Referring To?
There are in fact three different Party Wall Notices that you could be needed to serve, depending on the particular building work ideas that you have in mind:
• If you intend to develop on the property line, you are obligated to give notice in accordance with Section 1.
• Section 3 Notification, which is required if you want to build on an existing party wall or structure
• If you intend to excavate within three metres of a party wall and below your neighbor’s existing foundations, you are obligated to give notice in accordance with Section 6 of the Building Act.
Each Notice has to offer adequate information for the adjacent property owner to understand how the modifications you propose are going to effect his structure. In the event that they are challenged, general descriptions like “building extension” may be found to be invalid because they lack sufficient specificity.
Drawings are obligatory for Section 6 Notices, however they may also be included in Section 1 and Section 3 Notices as part of an all-encompassing description of the intended works. Drawings are necessary for Section 6 Notices.
Each and every Party Wall Notice needs to be signed and delivered by either the building owner or the Party Wall Surveyor that they have appointed. A surveyor may use his professional expertise to draught the Notice, and then provide it to the client to sign and serve without authority. This would be done after the surveyor has received payment for his services.
Notification Requirements for Party Walls
• Compile all of the necessary written materials.
• Please provide a list of all property owners along with their contact information.
• Have the signature of the building’s owner or an authorised representative of the building’s owner, such as a Party Wall Surveyor;
• You are required to include the date and time when the notification was delivered (or posted)
• In line with the terms of the Act, notice must be issued on all neighbouring property owners (both freehold and leasehold, as necessary).
• You are obligated to supply adequate information on the planned job and its beginning date.
• When submitting a Section 3 Notice, you are required to provide drawings that illustrate the specifications of any unusual foundations and/or footings.
In the Section 6 Notices, you are required to include detailed plans and drawings that indicate the location and depth of the excavation, as well as any foundation strengthening or underpinning that will be done.
There are four different ways to serve a Party Wall Notice.
Due to the fact that Party Wall Notices are legal documents, they must be served in a specific way. Importantly, the Notice will only be considered valid if it is served in accordance with Section 15 of the Act, i.e. in any one of the acceptable ways that are stated therein. This is the only way that it will be considered legal.
1 – Hand-Delivery of the Item(s)
In the process of hand-delivering a Party Wall Notice, the document is personally delivered to the owner of the property that is adjacent to yours. The occupant is the one who should get the notice if the name of the owner of the property that borders yours cannot be determined. Due to the fact that the Act stipulates that delivery must be “in person,” the Notice cannot be deposited in the letterbox if the adjacent property owners or occupants are not present. Serving the Notice in this manner may be a less formal technique to advise them of your plans and gives a personal touch to the legal procedure, presuming that neighbourly relations are friendly. This is because it offers a personal touch to the legal procedure.
2 – Shipping via Regular Mail
The Party Wall Act requires that any documentation be sent to a neighbouring property owner’s “usual or last known dwelling or place of business in the United Kingdom,” which is typically the same address that is listed on the title register. The Act also requires that the documentation be sent to the owner of the property in question. On the other hand, if the official address that was used for communication is no longer in use, you will need to choose an alternative method of delivery. You are need to either get proof of postage from the post office in order to transmit the documents by recorded or registered delivery if you wish to mail the Party Wall Notice to the property owners whose properties are next to yours.
3 – Customer Service Via Electronic Mail
The Party Wall Act was amended in 2016 by the Electronic Communications Order to permit the distribution of documents, such as Party Wall Notices, by electronic means. However, in order for this to be legal, the owner of the building must not only know the email address of the neighbouring owner, but the neighbouring owners must also confirm their “willingness to receive the notification or document through electronic communication.” It’s possible that the email service will be more useful for serving papers throughout the later stages of the procedure.
4. Located in close proximity to a very visible part of the property
In the case that the neighbouring owner cannot be located, there is no answer at the property, or the building is vacant, a legal Notice can still be served in accordance with Section 15 (2) of the Party Wall Act. Attach the Notice to “a conspicuous element of the property,” such as the front door or another door or window, so that it is easily seen. For example, you may put it on the window of the front door. It is recommended that two images be taken as evidence: the first should be a close-up of the language of the Notice, and the second should show the Notice in its natural environment.
