Party wall Surveyors Canterbury

NOTICES

The Party Wall etc. Act 1996 requires that notice be given to neighbouring owners. It is a legal duty for a building owner to serve the appropriate notices in the correct manner. Failure to do so could resist in an injunction being sort to stop the works.

Notices can be served in person or via the postal system but in order to be valid all notices must contain the following information:

  • Name and address of Building Owners
  • Nature and particulars of proposed work
  • Date on which the work will begin

Although not a requirement to name adjoining owners a land registry search can be fruitful in finding these details, if details can’t be found it is possible to serve upon “The Owners” although in this case you must deliver this in person either through the door or attached to the property, evidence of such delivery would be prudent

WHAT IS A PARTY WALL NOTICE?

A party wall notice is a legal document that is prepared by the building owner(s) or there representatives regarding works they intend to carry out in close vicinity to a neighbouring structure of boundary line. The purpose of the notice is to inform neighbouring owners and long-term leaseholders of the implications of the building owner’s development. There are three types of notice available Line of Junction, Party Structure and Notice of Adjacent Excavation, it is not uncommon for there to be a need to submit more than one notice and you are required to submit all applicable notices under the act

WHEN DOES A PARTY WALL NOTICE NEED TO BE SERVED?

All notices should be served at the earliest opportunity to ensure there is sufficient time for the notice to run and negotiations to take place if dispute arises. It is important to note that notices are only valid for 12 months so caution should be given so as to not to serve the notice to early, although this isn’t usual an issue for domestic works. 

 

Party Structure Notices are required to be served 2 calendar months prior to works and Line of Junction and Notice of Adjacent Excavation require 1 month prior to works.

The three notices required are as follows:

Following the above links will give you more information on these notices and give you samples to download as well as list pricing for serving these notices for you which we are able to do on your behalf.

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