National Party Wall Surveyors

Party Section Notice:
Party Wall Act Section 2

Section 2 of the Party Wall etc. Act 1996 addresses existing party structures, including party walls, floors, and partitions that separate or connect different buildings or parts of a building. It sets out the requirements for carrying out work on these shared structures and notifying adjoining owners.

Knowing Your Legal Duties Before Building by a Shared Wall

When you are doing building or renovation work next to or on an existing party wall shared with your neighbours, you need to know your responsibilities under the Party Wall etc Act 1996, especially regarding adjacent work and excavation work explained in simple terms. Section 2 of this Party Wall etc Act talks about work on an existing shared wall, often called a Party Section Notice, including increasing the thickness of the wall.

This part of the law is here to help the building owner who is doing the work and the occupier of the property next to it. It makes sure that the right notice is given, any problems are handled well, and both sides know what to expect during such works and comply with building regulations, feeling safe under the law during the whole process.

At ITS, we assist property owners, builders, and contractors throughout the entire process. We do this in a professional way. We work efficiently and follow all legal requirements.

What is a Party Structure Notice?

A Party Structure Notice is a legal notice required by Section 2 of the dividing line etc. Act 1996. A building owner must serve this notice if they intend to do work that will affect a shared wall or structure with a neighbor’s property.

This notice is needed when the planned work affects any dividing line, party fence wall, or any other shared structure that separates two or more properties. It is not just about the typical wall between two attached houses or nearby flats.

 It also covers things like garden walls along the edge of two properties, party fence walls, and any part of the structure that both property owners share or own together.

The main purpose of this notice is to inform the nearby property owners about the planned work that may change their property’s structure or stability. This work might include, but is not limited to, altering the shared wall by adding beams or supports, breaking part of the wall, or building extensions to the wall. In short, any change that could affect the strength or stability of the shared structure must be communicated to the neighboring owner through this notice.

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When is a Section 2 Party Wall Notice Required?

You need to give a Section 2 notice if you want to do any of these types of work:

  • Cutting into a shared wall to add beams or flashings (like for a loft change)
  • Taking out or breaking part of a shared space, like a chimney or old fireplace
  • Supporting the base of a shared wall
  • Raising the height of a shared wall 
  • Making the shared wall deeper or wider
section 2 party wall notice required - uk
need to serve the notice - uk
party structure notice complete Guidelines

Who Needs to Serve the Notice?

 The owner of the building, who plans to do the work, is in charge of giving the Party Structure Notice. This notice needs to be sent to all the adjoining owners who share the structure in question. This can include:

  • People who own homes
  • People who own businesses
  • Long-term leaseholders 
  • Freeholders or landlords

If you are not sure who counts as an adjoining owner, we can help find and give notice to the right people or groups.

Consequences of Not Giving a Party Structure Notice

Choosing to continue building work without a correct dividing line Notice can cause big problems. You might face legal trouble from your neighbor, and the courts can stop your project right away. If any damage happens to the neighboring property, you may have to pay for repairs or give compensation. These problems not only create conflict but can also lead to delays. This can hurt your construction schedule and make your costs go up.

By giving the right notice and following the steps in the dividing line etc. Act 1996, you protect your legal and money matters. It also helps keep a good relationship with your neighbors. This way, the project goes ahead more easily and without extra problems.

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Our Guide

Here we have compiled a simple guide - on party walls and what to expect and your requirements.

FAQS

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Here Is What You Need To Know

DO I NEED ONE BY LAW?

If you want to do any work on or near a shared wall, you need a Party Wall Notice. This is the law. You have to let your neighbors know by giving them a formal Party Wall Notification, as failing to do so could lead to legal action. It’s also important to write a Party Wall Agreement. This will make sure that everyone understands the terms and follows the law before you start the work.

IS THE PARTY WALL MINE?

A party wall is a wall that is shared and located on the boundary line of the land line between lands of different owners. This kind of wall can be part of a building or act as a dividing wall between several properties or parts of buildings. It can also involve a party fence wall, which is usually along the boundary line between two properties

WHAT IF WE CAN'T AGREE?

If you and your neighbor cannot agree on the planned work, you must hire a Party Wall Surveyor. The surveyor is a third party who helps both sides find a fair solution.

The surveyor will create a Party Wall Award. This is a legal document that explains the work planned.

"Highly recommend, they acted quickly and professionally we had a great end result"
Mark
Birmingham
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