This particular notice is the one most people think of when they discuss the Party Wall Etc Act 1996. It involves the building owner intending to carry out work to an existing party wall that serves both theirs and the adjoining owner’s property.
This could be because they intend to install a loft extension or ground extension and support a beam within the party wall or they wish to remove a chimney breast on the party wall or demolish a party fence wall to undertake strengthen to make sure it is suitable for enclosing against.
Below is a list of items defined as a notifiable work under Section 2 of the Party Wall Etc. Act 1996 that will need a section 3 Party Structure Notice serving on an adjoining owner.
A List of works detailed under section 2 of the act:
- Underpinning, thickening or raising a party wall or party fence wall
- Making good, repair, demolish and rebuild on account of defect or want of repair
- Demolishing a partition that does not conform with statutory requirements and instead build a party wall which does conform
- Demolish and rebuild parts of buildings connected by arches or structures over public ways, passages and rebuild them so they do conform
- Demolish a party structure of insufficient strength or height and rebuild of sufficient strength and height
- Cut into a party structure for any purpose
- Cut away from a party wall, party fence wall or external wall any projection over the land of the building owner
- Cut away or demolish any parts of a wall or building belonging to an adjoining owner and overhanging the land of a building owner
- Cut into the wall of an adjoining owner to insert a flashing
- Any work necessary incidental to the connection of a party structure with the premises adjoining it
- Raise or demolish and rebuild a party fence wall as a party wall
- Reduce the height of a party wall or party fence wall
- expose a party wall subject to adequate weathering
This is one of the most common notices served under the act and almost all work to a Party wall or Party Fence Wall will fall under this notice, there are works which have always been deemed too insignificant to fall under the party wall act like putting up domestic shelves.
You need to ask yourself whenever you do work to a Party Wall or Party Fence Wall this likely to affect the adjoining owners.
About the notice
Interestingly a party structure notice is the only notice defined with the act, it is the information contained within the act about this notice that all the other notices are based on, section 3 is the most detailed section on notices and relates to works to be carried out under Section 2.
Serving the Notice
A Section 3 Party Structure Notice must be served at least two months before any work is due to start. The adjoining owner must consent to the notice within 14 days otherwise there is a dispute and party wall surveyors must be appointed.
We can help you serve a Section 3 Party Structure Notice on your adjoining owners we are also able to help if you’ve been served with a notice and are not sure what to do next.
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