Party Structure Notice: How to Draft, Serve and Respond to It

In the UK, a party structure notice is required for telling neighbours about building plans. It's covered by the Party Wall etc. Act 1996, which is a significant part of UK property law and important for property owners and developers to know about.

A party structure notice is needed for works on shared walls. It must be given at least two months before starting work. It usually concerns Loft Conversions in Party Wall.

A party structure notice is a formal document and needs to be carefully drafted and served out to follow the Party Wall etc. Act 1996. The notice gives neighbours 14 days to respond. If they don't, they're seen as not consenting and a dispute is deemed to have arisen.

In Party Wall Law, a party structure notice is a key part of the party wall process, as it 

Understanding party structure notices will help you know when they're needed, how to draft them, serve them out, and what to do if there's a disagreement. In UK property law, these notices are important, so they need to be done carefully in order to remain compliant.

Key Takeaways

• A party structure notice is a formal document that informs neighbours of planned building works.
• The notice must be served at least two months before work begins if it affects a shared wall.
• Neighbours have 14 days to respond to a party structure notice, and if no response is received, they are automatically deemed to have dissented.
• A party structure notice is a critical step in the party wall process, and its importance can not be overstated in UK property law.
• Understanding the requirements and procedures involved in party structure notices is essential for property owners and developers.
• Early communication about the impending party structure notice can significantly improve the likelihood of receiving consent from neighbours.

Understanding Party Structure Notices in UK Property Law

‍The Party Wall etc. Act 1996 is a key piece of legislation in the UK, as it affects properties like terraced houses and blocks of flats. A party structure notice is a formal warning to neighbours about planned works on party walls or party fence walls.

In the UK, you need to serve notice for many types of work. This includes work on existing walls shared, digging near neighbours' structures and building new walls near the boundary. The notice period varies, but it's at least two months for work on an existing party structure.

‍Legal Definition and Purpose

‍A party structure notice is a formal document given by a building owner to neighbours and it tells them about planned works that might affect walls they share with one another. The notice lets neighbours agree or disagree with the work and helps deal with any potential disputes early on.

‍When is a Party Structure Notice Required?

‍You need to serve notice in several situations such as the following:

• Works on an existing party wall, party structure, or party fence wall
• Excavation work within certain distances of a neighbouring structure
• Construction of a new wall up to the line of junction (legal boundary)

A party structure notice specifically relates only to work due to take place on a party wall or party fence wall and such works ordinarily encompass the following:

1. Cutting off projecting foundations.
2. Raising the party wall or party fence wall.
3. Cutting into the party wall to insert padstones, structural steels, floor ties and lead flashing.
4. Cutting away from the party wall the projecting chimney breasts and support the remaining brickwork of the chimney stacks.
5. Exposing the party wall temporarily during the building works.

See Different Types of Work for Party Wall for other examples.

‍Key Components of the Party Wall etc. Act 1996

‍The Party Wall etc. Act 1996 deals with three main types of notifiable works. These are (a) work on existing party walls; (b) digging near a neighbouring structure and below the level of their foundations, and (c) building new walls up to or astride the legal boundary. The Act is also facilitative as it helps solve disputes between building owners and their neighbours (adjoining owners).

It's important to know the Party Wall etc. Act 1996 to follow the law and avoid the risk of injunctions being taken out against you, as well as claims for damages. Serving a party structure notice ensures your work is done legally in compliance with the Act and also protects the rights of your neighbours.

This video explains the party structure notice and the entire journey of a party wall matter:

Essential Elements of a Valid Party Structure Notice

‍A valid party structure notice is critical for any construction project near shared walls or boundaries because you must follow the Party Wall Act 1996 in order to avoid delays and costs. This notice includes the essential elements like the owner's registered name and address, the date, and proposed works’ start date. Also, all owners must sign the acknowledgement form accompanying the notice.

The Party Wall Explanatory Booklet says this particular notice must be given at least 2 months before starting work. Not doing so can lead to court action and costs.

The main parts of a valid party structure notice are: 

• Name and address of the building owner
• Date of the notice
• Date of proposed works
• Signatures of all building owners

It's vital to draft and serve the notice correctly to avoid issues and a surveyor will help prepare a valid notice accordingly.

Steps to Draft a Party Structure Notice with Your Party Wall Surveyor

‍Working closely with a party wall surveyor is helpful to serving a valid notice as they help draft the notice, making sure it has all the needed information and associated documents. The notice must clearly describe the planned work, such as any digging or changes to the party wall.A party structure notice needs specific details and these include a description of the works, the service date, and the names and addresses of everyone involved. It's important to give accurate and full information to avoid disputes or delays.

‍Required Information and Documentation

‍The surveyor will help you include all necessary information and supporting documents including the following:

• Plans and specifications of the work
• Details about the party wall itself (e.g. location and condition)
• Information on the nearby properties and their owners

Common Mistakes to Avoid

‍When making a party structure notice, avoid these mistakes:

• Not giving enough or wrong information
• Not serving the notice to all the legal owners
• Not giving enough time for responses

By teaming up with a party wall surveyor and following the right steps, you can make sure your notice is valid in order to avoid disputes and delays.

‍Proper Service of Your Party Structure Notice if You are a Building Owner

‍As a building owner, serving a party structure notice in good time is needed for efficient construction work, because the Party Wall Act 1996 says you must serve this notice 2 months before commencing your project. It needs your name and address, and must be signed and dated.

The notice should have detailed plans of the site and foundations if you're digging. Getting a Chartered Party Wall Surveyor to help is a good idea, as they can make sure the notice is done properly and avoid costly disputes.There are two ways to serve the notice: by hand or by post, both of which your surveyor can do for you. It's important to do this on time to avoid big fines. Keep a record of when and how you served the notice, such as a receipt of postage, although this is not compulsory.

‍Key Considerations for Serving a Party Structure Notice

• Serve the notice at least 2 months before commencing construction work
• Include the name and address of the building owners, signed and dated
• Provide detailed plans showing site depth and underpinning foundations for excavations
• Appoint a Chartered Party Wall Surveyor to prepare and serve the notice
• Keep a record of the service, including the date and method of service

By following these steps, you can avoid disputes and keep your construction on track. Knowing the timeline and how neighbours should respond is pertinent to the above. Your surveyor does not necessarily require accreditation, but if they have this, then it will typically be under RICS, CIOB or RPSA. They may also be a member of Faculty of Party Wall Surveyors (FPWS).

‍Rights and Obligations After Serving the Party Structure Notice

‍After a party structure notice is served, the building owner can start the work after the notice period expires, but they must follow the Party Wall etc. Act 1996. This Act is a piece of legislation for property owners in England and Wales and it helps with construction or renovation projects near shared walls or neighbouring structures. The party structure notice outlines the rights and obligations for both sides, which are then included in a Party Wall Award. 

The building owner must give the notice two months before starting. This gives the other owner time to respond. When they do respond, the adjoining owner can choose a surveyor to look out for their interests. All owners must also follow the terms included in the party wall award, which sets the rules for how the works are to be carried out. 

The building owner has the right to carry out the work, but must follow the Act. Here's a table showing the main rights and obligations after a notice is served: 

By following the Act and serving the party structure notice correctly, owners can protect their interests and maintain good neighbourly relations. 

‍Responding to a Party Structure Notice if You are an Adjoining Owner

‍Receiving a party structure notice can be worrying if you own property close to someone else's. It's important to know what to do and respond on time (see Do I Need a Party Wall Surveyor?). You have 14 days to reply, and your answer can change the outcome.

You can choose to agree, disagree, or not respond at all. Agreeing means you're accepting of the plans. Disagreeing means you want to appoint a surveyor to limit the risk of the works affecting you. Not responding is seen as disagreeing, which means a surveyor would have to be appointed for you anyway.

Getting help from a professional is a good idea, as a party wall surveyor can explain your rights and help you respond. They can also help you talk to the other owner and protect your property.

• Est. 70% of adjoining owners dissent, worried about damage or disruption
• Est. 30% of owners consent
• All disputes need to be settled by the surveyor by law

Understanding your options and getting expert advice can protect your rights and ensures your interests are looked after during the party structure notice process.

Party Structure Notice Dispute Resolution between Neighbours

‍Disputes over party structure notices need quick solutions to avoid extra costs and finding a way to resolve neighbour disputes with a surveyor is what The Party Wall Act 1996 provides guidance on through these challenges.

When disagreements happen, neighbours can appoint a party wall surveyor. This surveyor makes a binding agreement known as a Party Wall Award. If no agreement is reached between the surveyors acting for each side, a Third Surveyor can decide. It's vital to remember that the award can be appealed within 14 days after service.

Some interesting facts show why resolving disputes is so important: 

• 48% of Brits did home improvements, with a third involving big changes near boundaries.
• Adjoining owners have 14 days to reply to a Party Wall Act notice after it's served.
• A recent case, Power v Shah (2023), shows the importance of starting the PWA process for dispute resolution.

Quick and effective dispute resolution is key to avoiding extra costs and delays, which is why neighbours need to work together with a surveyor to solve issues related to party structure notices. The Party Wall etc. Act 1996 offers a clear path to finding a solution that works for everyone.

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Costs and Financial Considerations of a Party Structure Notice

‍When you're dealing with a party structure notice, consider the costs so you can budget enough for your project. The average cost of a party wall agreement is about £1,000-2,000. Party wall surveyors charge between £250 to £400 per hour. A party structure notice can lead to the fees of a party wall surveyor for resolving disputes, as well as possible damages to the next door property due to the works. Here are some important costs to keep in mind: 

• Preparation of a Party Wall Notice: say £300 per adjoining property owner
• Schedule of Condition: approximately £400-500 per adjoining property
• Party Wall Award: around £1,500 in addition to the aforementioned

For complex cases, total costs can go up from £2,000 to £10,000+ and this is if there are many adjoining owners and/or big construction works and/or damage to any of the adjoining properties. More information about Party Wall Surveyor Cost can be found in the aforementioned article.

To keep costs down, limit surveyor travel time to 45 minutes. Also, consider using a single Agreed Surveyor. This can save money for both sides. Knowing the costs of a party structure notice helps you make economical choices and avoid neighbour disputes (see How to Keep Party Wall Costs Down).

‍Conclusion: Ensuring Compliance with a Party Structure Notice and Protecting Your Interests

‍The Party Wall etc. Act 1996 is critical for handling neighbour disputes in England and Wales. Following a party structure notice is necessary to avoid conflicts and protect everyone's interests, so knowing the legal rules and following the right steps can allow property owners to maintain good relations with neighbours and protect their investments.

If you're the one serving the notice or responding to it, complying with the rules is essential, otherwise the process can become overcomplicated. Getting help from a skilled party wall surveyor can make things easier and solve any disagreements. It's important to talk openly, as over 70% of neighbours worry about work starting without receiving a notice if planning permission has been granted.

By focusing on legislative compliance and tackling problems early, you can lower the chance of increasing party wall related costs or going to court. Managing party wall issues well, as all surveyors encourage, is much more likely to improve relations and protect your property than not.

‍FAQ

What is a party structure notice and why is it important in UK property law?

‍A party structure notice is a legal document needed under the Party Wall etc. Act 1996 and is required for works on existing party walls or party fence walls. Knowing the Act is key for efficient project work and limiting disputes.

‍What are the essential elements of a valid party structure notice?

‍A valid notice must have the owner's name and address, the present date, and the anticipated start of works date. It also needs signatures from all owners. These details make the notice legally valid.

‍How do I draft a party structure notice with a party wall surveyor?

‍To draft a valid notice, work with a party wall surveyor. They provide the needed information and guidance to help you avoid mistakes. Professional help ensures the notice is correct and served properly, otherwise the process has to begin from scratch (de novo).

‍How do I properly serve a party structure notice?

‍To serve a notice, use the prescribed methods and follow timing rules. Serving it on the neighbour and keeping records will allow you to prove to any court that you complied with the Act.

‍What are my rights and obligations after serving a party structure notice?

‍After a valid notice, you can start the works after expiry of the notice period, but must still follow the Act. 

‍How do I respond to a party structure notice if I'm an adjoining owner?

‍As an adjoining owner, you can respond within a set timeframe. This can be consent or dissent. Only in the latter scenario can you appoint a surveyor to represent your interests.

‍How is a dispute over a party structure notice resolved?

‍Disputes are resolved by appointing surveyors, who make a party wall award. Quick and effective resolution helps avoid delays and additional costs.

‍What are the costs and financial considerations of a party structure notice?

‍The costs include surveyor fees. Knowing these helps budget and avoid unexpected expenses. Other costs may relate to the project itself (e.g. compensation awarded as a result of damage to the neighbouring property), which is why it is important to have a Schedule of Condition carried out.