Party Section Notice: Party Wall Act Section 2

Section 2 of the Party Wall etc. Act 1996 applies to various existing party structures such as party floors, walls and partitions which set apart, or connect different buildings or parts of a building. It provides the conditions under which they can commence work on these common structures, and give notice to adjoining owners. For further details, you can visit https://partywallsolutions.net/party-wall-notice-section-2-act/.

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Know Your Legal Obligations Before You Build by a Shared Wall

When you’re carrying out building works, such as doing an extension or new build near or on a party wall that you share with your neighbours; it’s important to know what you are held responsible for by the Party Wall etc Act 1996 and especially when it comes to adjacent work and excavation in plain English. Section 2 of Party Wall etc Act describes work to an existing party wall, such as raising the height or thickness of a wall, as there are no disputes.

This part of the law is there to aid the person doing what he can and able-bodied, but obviously does not have the resources to clean next door as much as his neighbor would wish. It ensures that the appropriate notice is given, any problems are dealt with appropriately and both parties know what to expect when such work is carried out and act in accordance with building regulations, being protected legally throughout by law during the process.

At ITS we help property owners, developers and builders through all the steps. We behave professionally as we do this. We are fast and we comply with everything that is required by law.

What is a Party Structure Notice?

A Party Wall Notice is a statutory notice under Section 2 of the fencing etc. Act 1996. If a building owner intends to carry out work that will have an impact on a shared wall or party structure with adjoining premises owned by a neighbour, it must serve notice.

If the proposed work is going to affect any dividing line/party fence wall/other such partition between either two or more properties then you will need this notice. This is not just about the standard wall between two semi-detached houses or neighbouring flats.

It also includes garden walls situated along the line of two properties, party fence walls and any part of the structure which is shared or owned jointly by two property owners.

The sole function of this notice is to inform adjacent property owners of the proposed activity that may alter physical conditions, and affect their properties. This may involve modifying the common wall for example through addition of beams or supports, breaking part of the wall, or adding to the wall. Put simply, anything that might impact the strength or stability of our shared structure should be brought to the attention of your neighbor by means of this notice.

When do you need to serve a section 2 party wall notice?

You must serve a Section 2 notice if you’re planning to carry out any of these types of work:

How about cutting into a party wall to install some beams or flashings (such as for a loft conversion).
Removing or breaking through a common space, such as a chimney or old fireplace
Support for the foot of a common wall
Increasing the height of a common wall
Deeper or Wider Shared Wall

Who Has to Give the Notice?

The Party Structure Notice is given by the owner of the building who will be doing the work. All those benefiting from the shared structure in question must then receive a notice. This can include:

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

If you’re not certain who qualifies as an adjacent owner, we can help identify and serve the appropriate individuals or groups.

What Happens If I Do Not Serve Party Structure Notice?

Election to proceed with construction absent a proper line Notice can get you into big trouble. You could get into legal trouble with your neighbor, and the courts can halt your project in its tracks. If there are any damages to the neighbor’s property, then you could be liable for repairs or compensation. These issues not only spark conflict, they can also result in delays. This can set your construction schedule back and drive up costs.

You are protecting yourself legally and financially by providing the correct notice and undertaking everything in accordance with the dividing line etc. act 1996. It also helps you maintain a good relationship with your neighbors. Then the project can often proceed more smoothly and with fewer hiccups.

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Our Guide

So here’s a basic rundown – on party walls and what the deal is and your obligations.

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Here Is What You Need To Know

DO I NEED ONE BY LAW?

If you want to carry out any work involving or near a shared wall, you require a Party Wall Notice. This is the law. Of course you should inform your neighbours and the best way to do this is by serving them a Party Wall Notification as, if you don’t, they could potentially take you to court. You’ll also need to pen a Party Wall Agreement. This will ensure that everyone is on the same page, and following the law, before work begins.

IS THE PARTY WALL MINE?

A party wall is a shared wall on the property line between lands owned by two or more neighbors. A wall of this description may form part of a building or may constitute a dividing wall between two properties1 or parts of buildings. It may also include a party fence wall, which sits on the boundary line between two plot.

WHAT IF WE CAN'T AGREE?

If you and your neighbour cannot agree to the proposed works, then it is a case of appointing a Party Wall Surveyor. The surveyor is a neutral third party who assists both sides to arrive at a reasonable solution.

In other words, the surveyor will create a Party Wall Award. This is a legal paper that describes the work intended.

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