How To Serve A Party Wall Notice?
5 Keys Steps To Follow
A party wall separates two adjoining properties. In England and Wales, carrying out any building work to your property near or on your shared property boundary or party wall requires informing your neighbour. Party wall agreements are not the same as planning permission and building regulation approval. Your neighbour can not prevent you from carrying out the work on your property, but they can affect when and how the work is completed.
To ensure you follow all of the requirements, here are the five key steps to follow when serving a Party Wall Notice:
1. Firstly, you must be aware of what building work you are required to inform your neighbour about, for example, building a new wall, cutting into a party wall, making a party wall taller, shorter, or deeper, removing chimneys from a party wall or knocking down and rebuilding a party wall
2. There are strict regulations for when property owners need to give notice to their neighbours. For example, you must provide notice between 2 months and a year and provide your neighbour with a plan of your intended building work. In addition, there are example letter templates available online for how to give your neighbour notice.
3. Within 14 days of the notice, your neighbour has to respond; no response does not mean they are agreeable. They have the option to give consent, refuse consent or serve a counter-notice.
4. If you and your neighbour can’t agree on the terms of the building work to be carried out, then a surveyor must decide on a party wall award. You can appeal this decision with 14 days through the county court.
5. When building work starts, you must not cause an inconvenience to your neighbour, and you must protect their property from any damage during the building work.