Notifiable Works

Notifiable works under the Party Wall Act

Section 1

New building on line of junction

A Building Owner intending to build on the line of junction must serve notice upon the Adjoining Owner setting out that intention. Notice must be served at least one month before the works are scheduled to commence.

Section 2

Works to a party wall, party structure, party fence wall or boundary wall

A broad range of works is covered under Section 2 and includes:

  • Raising the height of a party wall eg for a loft conversion
  • underpinning
  • Making structural repairs to or demolishing a party wall or structure
  • Cutting into a party structure eg putting in a damp course
  • Cutting into a party wall to insert flashing of a wall erected against the party wall
  • Removing a chimney breast or flue

Works falling within Section 2 require the Building Owner to serve notice at least two months before the works are scheduled to commence.

Section 6

Adjacent excavation and construction

If a Building Owner plans to excavate – whether in order to install drainage or lay foundations for a new structure – within a distance of 3 metres from a building or structure belonging to a neighbour, notice must be served at least one month before the works are scheduled to commence.

Similarly, excavations taking place within 6 metres of an Adjoining Owner’s building or structure, and deeper than said building or structure, will fall within Section 6 subject to a calculation. If the planned excavation falls with a plane drawn downwards at 45-degree angle from the bottom level of the neighbouring foundations, notice must be given. Again, notice must be served at least one month before the works are scheduled to commence.

 

What happens when notice is served?

The Adjoining Owner is obliged to respond in writing within 14 days. If they consent, the works can go ahead as planned. If they do not consent, the owners will be considered to be in dispute and one or more Party Wall Surveyors will need to be appointed to resolve the dispute.  If there is no response then the Adjoining Owner is deemed to be in dispute and a surveyor is appointed on their behalf to resolve the dispute.

If you need help to ensure your planned party wall works will comply with the Party Wall Act, or your neighbour is planning works, Home-Approved has the expertise to ensure that everything will run smoothly. Call us on 0800 980 3113 or request a call back.

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