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services- Party Wall ACT

If the planned work to an existing structure falls under the Party Wall Act 1996 or excavations within 3m of the neighbouring building, a notice must be issued attaching detail drawings to all affected neighbouring parties prior to commencement. Neighboruing parties must give written agreement within 14 days. There are three types of notices:

a) Section 1 Notice. - Line of Junction Notice (one month notice required)

This notice is served if you are proposing to build a new wall exactly on the Line of Junction (on the boundary) The serving of this notice gives you the right of access over the adjoining owner's land to enable you to build you new wall.

b) Section 3 Notice - Party Structure Notice (two months notice required)

Section 3 notices deal with work to a party wall (or floor in the case of flats) or even a party wall fence, and can include things like cutting into the wall to insert a beam, raising the wall, underpinning, rebuilding etc

c) Section 6 Notice. - A three metre or six metre notice (one month notice required)

A Section 6 notice is served if you proposing to excavate within 3 metres of the adjacent owner's building and your foundation is deeper than theirs, which is usually the case when building a new extension to an older property. (This distance can be increased to 6 metres in certain circumstances, usually when you are proposing very deep foundations such as piling or basement work.)

In the case of any dispute arising between the parties; a Party Wall Surveyor will need to be appointed to solve such disputes unbiasedly. Neighbouring owner(s) can appoint their own Party Wall Surveyor and the fees will need to be paid by the party undertaking the work. If no agreement cannot be reached fairly Court action is required to solve any disputes. This is not covered by our service.

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