Most UK houses share walls.
These can be house walls or garden ones.
In both cases, you might need a party wall notice at some point.
We’ve explained what this is and whether you need it in the blog below.
Party wall notices: What and when
A party wall notice is a document that you give to your neighbour before you do construction work on or near a shared wall.
This could be work such as:
- Altering or rebuilding a wall
- An extension
- Building a granny annexe.
And more.
It’s a legal requirement for you to provide them with this. So, it’s most common for people living in semi-detached or terraced properties.
You need a party wall notice even if you won’t touch the shared wall. For example, if you’re working close to or along a property boundary.
All laws surrounding a party wall notice are covered in the Party Wall Act 1996. This is the law in England and Wales, but not Scotland or Northern Ireland.
Party wall notice vs planning permission
Party wall notices are not the same as planning permission. The latter is permission from the council, whereas the former is permission from a neighbour.
In many cases, you will need both to proceed with significant alterations.
Details
A party wall notice details the changes you plan to make. It should explain:
- When the work will begin
- How long it will take
- What’s involved.
If the shared wall will be affected, this must be clearly explained.
The notice should clarify your neighbour’s rights and responsibilities, which are set by law.
Right of response
Your neighbour must also get an opportunity to respond.
In most cases, this should happen within 14 days. They can:
- Agree
- Raise concerns
- Refuse to respond.
Neighbours rejecting party wall notices
If your neighbour objects to the proposed work, a surveyor is needed to mediate the situation.
This professional will give a ‘party wall award’ which states how works will proceed, and under what conditions.
Time frame for issuing a party wall notice
The UK government states that you must give a party wall notice at least 2 months before work is due to start.
It shouldn’t be any more than one year before the job is due to commence.
And the recipient must have a defined time to respond, which is usually 14 days.
Costs of issuing a party wall notice
Party wall notices come with costs. The main two are:
- A party wall surveyor (at least £500, but can go upwards of £750)
- A solicitor (several hundred pounds).
When neighbours object
If your neighbour objects to the party wall notice, it triggers the formal process for getting it sorted.
A party wall surveyor will assess the situation and then give an independent judgment on how the matter will move forward.
Response limits to a party wall notice
Your neighbour usually has 14 days to respond to a party wall notice. This should be stated in the notice itself when you give it to them.
If your neighbour doesn’t respond to your notice after 14 days, then this is considered a ‘dissent’.
At this point, you must begin the dispute resolution process. A party wall surveyor is brought in to provide an independent ‘party wall award’.
Consequences of not giving a party wall notice
A party wall notice is a legal requirement if your work meets the criteria of the Party Wall Act 1996.
If you don’t do this, you will face a property dispute and legal action from your neighbour.
They could sue you for a large amount of money. They can also halt your work’s progress and even reverse it.
Finding past party wall notices
Past party wall notices related to your property should be on file but you may need to do some searching.
Look at the documents you were given when you first bought the house or contact the previous owner.
The solicitor involved in your house transaction may have a copy of the document, even if it was mistakenly not given to you. You could also ask any neighbours affected by a past party wall notice.
