WHEN SHOULD PARTY WALL NOTICES BE SERVED?

Serving party wall notices at the right time is crucial to avoid delays and costs.

​Here’s a simplified guide on when and how to serve these notices.

Key points about party wall notices

The different types of work:

​For nearby excavation or for new walls built at the boundary - Notice period - 1 month 

For work connected to a party structure or adjoining structures - Notice period - 2 month ​

Notice periods

In most cases, notice periods are not an issue as adjoining owners are usually happy to forgo them once the paperwork has been prepared. 

However, there are exceptions which can include special circumstances like garden events or exam periods. Most neighbours are inflexible in such cases.
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Some surveyors will use the excuse that a notice period has not run so there is no point in making an award sooner. This is of course, bad practice and against the spirit of the Act, which is generally set out to encourage progress.

Conclusion
It is best to plan ahead to avoid being delayed by the need to wait for a notice period to run.

When to serve party wall notices

Start early, but not too early
Serve notice as soon as you decide to proceed with the work but no more than 12 months before your intended start date.  ​

Drawings or descriptions?

The Act explain the requirements for information to accompany each type of notice.

There are minimum requirements:

Section 1 - A description of the intended wall.
Section 3 - The nature and particulars with drawings, details and calculations for any special foundations.
Section 6 - Planning and structural drawings.

​Example for chimney breast removal:
Description:
"Cut away chimney breast(s) from the party wall and install associated structural support."

For excavations with notifiable excavations:
Drawings:
Planning drawings and accurate "plans and sections" that show the site and depth of the proposed foundations.

Conclusion
​Notices don’t always need detailed drawings; a simple description may sometimes suffice.

However, it is sensible that a coherent, consistent and easy to understand set of drawings accompanies any notice, to  'tell the full story’, so questions are already answered instead of left to be asked later.

​Where a neighbour decides to go elsewhere to ask such questions, you are at the mercy of the person whose advice is sought.

​Tips for effective serving of notice

Informal approach first:
Discuss plans with neighbours before serving the formal notice, ideally before planning application submission.
Explain the nature of the proposed work and the Party Wall Act requirements.

​Trial pits:
Digging trial pits for foundation assessments can be done before serving the notice if needed. The information gained might be useful when designing your foundations. Such actions can help your neighbour understand you are well organised, which should inspire confidence.

Note: It may not be practical to dig trial holes for numerous reasons. Accordingly, they are uncommon for small to medium scale residential building works.

Drafting and serving notices

DIY vs. Professional Help:
While anyone can draft and serve notices, they must include specific details to be valid. Getting it wrong can invalidate the notice which inevitably will damage confidence, which can negatively affect the response.
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Using an experienced party wall surveyor is usually the cost-effective route and can help prevent delays resulting from invalid notices.

Disclaimer:

The information provided in this document is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation. Always consult with a qualified professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no legal relationship is formed by reading or interpreting this material.
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Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance,