Notices expire after one year if not responded to. A Consent given following a notice also expires after one year if the works are not commenced or if the Adjoining Owner changes. A new Notice must be served on a new owner of the Adjoining Property. Any consent previously given does not transfer.
If you are proposing to build a extension or new building you will normally need to serve notices on any neighbouring owner of an adjoining property in the following circumstances:-
A notice needs to include the name(s) and address of the person(s) undertaking the work. The name (if known) and address of the affected neighbour, a detailed description of the proposed works and note of when these are planned to start. The notice should be signed and dated,
A Notice of Adjacent Excavation must be accompanied by plans and sections showing the position of the excavation relative to existing buildings and also the depth of excavation. Other notices do need not be accompanied by drawing show however it is always a good idea to provide drawings if they are available..
If you are proposing to build a loft extension you will normally need to serve a Party Structure Notice on any neighbouring owner that you share a Party Wall with two months before works are commenced. Notice is necessary if your works include any of the following:-
Most loft conversions include one or more of the above.
If you live in a flat you will NOT normally need to serve a notice on the owner of the flat below but you are advised to consult a Party Wall Surveyor to verify this. (Don't forget that you may need scaffolding access on the property below - this is not given under the Act but may be covered by your lease - if not this must be agreed with the owner below)
The Party Wall Act defines an owner as:-
If in doubt consult a Party Wall Surveyor.
Watson Woods Partnership
If you are proposing to excavate for a new basement you will normally need to serve notices on any neighbouring owner of an adjoining property in the following circumstances:-
Click herefor important information regarding basements