Party Section Notice: Party Wall Act Section 2
It is not surprising that some might find Party Structure issues to be confusing. But, with deep understanding and professional help, it becomes easier for you to have a clearer view of the entire process.
Party Structure Notice Explained
Are you already aware of what Party Notice is?
A Party Structure Notice is known to be served in advance by the owner of the building upon the adjoining owner regarding the commencing construction works.
This notice is used to notify the adjoining owner of the building owner’s proposed works. Also, it can give the adjoining owner three options for the Party Structure response that is open to them.
Serving A Party Structure Notice
Are you planning to carry out work to any existing party structure?
The best way for you to successfully do a construction work to a party wall is to serve a Party Structure Notice.
If you are a building owner and planning to carry out work to an existing party wall between your property and the adjoining owner of the property, you need to notify the adjoining owner about your plan through a Party Structure Notice.
For example, you intend to put beams and build loft conversions in the party wall. You need to serve first a Party Structure Notice to the adjoining owner.
Also, this applicable, if you plan to remove the chimney breast or divide the gardens of your properties and the party wall, will be affected.
According to section 3 notice that sets out all the necessary work listed under the Party Wall, etc. Act 1996 Section 2, as a building owner, you have the right to do a subject to serve a valid Party Structure Notice on the adjoining building owner.
List of Work Under Section 2
Before creating a Party Structure Notice and serving it to the adjoining building owner, you need to identify the work listed under section 2.
- Raising, thickening or underpinning a party fence wall or party wall
- Repairing, rebuild or demolish on account of the defect or want of party wall repair
- Demolishing or rebuilding the parts of the building connected by structures or aches over public passages and ways and rebuilding them to confirm
- Demolishing dividers that do not conform to the statutory requirements and instead building the party wall that does conform
- Demolishing a party structure having insufficient height or strength and rebuilding of sufficient height or strength
- Cutting into a party wall for any purpose
- Cutting away from the party fence wall, party structure or external wall any of the projections over the building owner’s land
- Demolishing any parts of the party structure that belong to the adjoining owner and overhanging the building owner’s land
- Cutting into the party wall of the adjoining owner to insert the flashing
- Any incidental work necessary to the party structure connection with premises adjoining it
- Raising and rebuilding a party fence wall as a party structure
- Reducing the height of the party fence wall or party wall
- Exposing the party wall subject into adequate weathering
You can notice that most of the work to be carried out into an existing wall or even party fence wall are under Section 2.
There can be an exemption if the work is minor. Minor works include knocking nails to hand pictures, screwing to put up shelves or drilling for the wall plug.
On the other hand, drilling intended for damp proof courses are considered as notifiable work.
You have to be aware that Party Structure Notice should be served at least two months before beginning any form of work. Thus, the adjoining building owner needs to provide a consent to the served notice within 14 days.
If the adjoining fail to give a consent, a party wall surveyor will be appointed.
To resolve any party wall issues, considering a Party wall expert is a good idea.
It will help you to determine the best solution and avoid a dispute, or a dispute arise, you can have a professional help.