Adjoining owners
Is all work notifiable?
- No. Only certain types of work are notifiable under the Party Wall Act. Generally any works on or at the boundary line are notifiable. Cutting into a shared wall or structure and any excavations within 3 m of your foundations will also require a notice to be served.
- Notifiable works are set in sections 1, 2 & 6 of the Act: They include:
Works covered by section 1:
- Construction of a new wall on the boundary line, this could be astride the boundary on two lands or simply on one land where no building is erected already on the neighbours land.
Works covered by section 2:
- Cutting into a wall to take the bearing of a beam, for example for a loft conversion
- Inserting a damp proof course even if only to your own side of a party wall
- Raising a party wall and if necessary cutting off any objects preventing from happening
- Demolishing and rebuilding a party wall
- Underpinning a party wall or party of a party wall
- Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
Works covered by section 6:
- Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
- Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45 from the bottom of its foundations.
Your neighbours should serve written notice at least one month before the start of works. If your neighbour has not served a notice and are starting work you need to contact a surveyor as soon as possible.
Adjoining owners are given 14 days to respond to a notice, either agreeing to the works as set out in the notice, or dissenting to the work.
As an adjoining owner you have 14 days in which to respond in writing. You can either agree to the works as set out in the notice, or dissent to the work and accepting the appointment of and agreed surveyor (who acts for both parties) or appointing a party wall surveyor to act for you.