Party Wall etc. Act

There are 8 main types that can be issued, or served, by an Owner, or their specifically authorised agent.
In general these Notices must be replied to by the 14th day after receipt. Not replying is considered as not consenting to the content of the Notices.

Those issued by a Building Owner, the party wishing to do works covered by the Act, include;

• A Party Structure Notice;
• which is a notice of intention to do work to a Party Wall, Party Fence Wall, or Party Structure;
• A Line of Junction Notice;
• which is a notice of intention to build a new wall on or at a boundary
• A Notice of Adjacent Excavation.
• which is a notice of intention to excavate near to an adjoining property.

 

These three are the typical ones likely to be used on most projects.

Those issued by an Adjoining Owner, include;

• A Foundation Protection Notice,
• which is a notice requiring protective measures to be undertaken, when an excavation is proposed near to an adjoining property.

Those which may be issued by either Owner, include

• Consent Notice,
• which is written confirmation that the proposals in a Notice have been accepted.
• A Counter Notice,
• which requests alternative, or additional, work to be carried out by the other Owner, or records disagreement, in response to a Notice.
• A Request for Security Notice,
• which requires the other Owner to make provision to compensate any financial liability they may incur by carrying out the proposed works
An Entry Notice,
• which is a notice of intention to enter property to undertake work or inspections.

The Act requires some Notices to have a minimum content, but every Notice should contain sufficient information to allow the person notified to be able to decide on the right course of action.
This is to ensure the validity of the Notice.

The Notices can also include a reference to the Clause in the Act under which it is served.

Receiving Owners can choose to respond with written Consent to the proposal(s) contained in the Notice, or not. If no response is made, then no consent has been given. When there is no consent, there is a dispute in the meaning of the Act, and Party Wall Surveyors have to be appointed to decide the matter.
There is no requirement to respond with written dissent, although the Owner can do this.

Notices can be served in one of several ways:-

•  

  By personal delivery;
• If a receiving Owner is a private individual,
  • this is the best way, if you get on reasonably well, you know where they live, and have contact details;
• If a receiving Owner is a company, or business,
  • then delivery can be to the secretary or clerk of the business;

•  

  By post;
  
  • using a properly addressed, sealed, pre-paid letter containing the Notice:-
  • If a receiving Owner is a private individual,
    • sent to the last known, or usual, residence, or place of business or work;
  • If a receiving Owner is a company, or business,
    • sent to the secretary or clerk of the business;

• • When serving by Post the deemed day of receipt varies according to the method of posting.
    If using a service which requires a signature on receipt, such as Recorded Signed For™, or Special Delivery™ Next Day post, the date of signature is the date of receipt. The Post office suggest that this could be the next working day, or on the following Monday if posted on a Saturday;
    If using ordinary post then the following legal rules apply for the date of deemed delivery:-

    • First Class, the second working day after posting;
    • Second Class post, the fourth working day after posting.

  • In either case a record of posting should be obtained from the Post Office; in the case of ordinary post this could be a Certificate of Posting. A receipt is normally given for Recorded Signed For™ Delivery, or Special Delivery™ Next Day;

By email

• this method can only be used by agreement with a receiving Owner;

If any of the receiving Owners is unknown and cannot be traced, then a Notice can be addressed to “The Owner” and given to an occupant, if any, or fixed to the front door.

Notices can be served on an Owner's agent, if they have written authority to accept service on behalf of the Owner.