Is my work notifiable?
- 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.
We recommend you notify your neighbours as early as possible to avoid delays. The minimum statutory period for works to a party wall is two months but notices may be served as soon as you have design drawings.
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.
If your neighbours consent to the work then no further action is necessary and the project may begin as soon as the notice period has run or sooner by agreement.
If a dissent is received, then a dispute has arisen and both parties must then appoint a surveyor (or agree on the use of a single surveyor) to produce a party wall award. This award sets out the terms under which the works can proceed.