Real Time Web Analytics Forrester & Co. | Party Wall etc Act 1996 | 3-5

PARTY WALL etc. ACT 1996

3. Party structure notices

(1)      Before exercising any right conferred on him by section 2 a building owner shall serve on any adjoining owner a notice (in this Act referred to as a “party structure notice”) stating —

(a) the name and address of the building owner;

 

(b) the nature and particulars of the proposed work including, in cases where the building owner proposes to construct special foundations, plans, sections and details of construction of the special foundations together with reasonable particulars of the loads to be carried thereby; and

 

(c) the date on which the proposed work will begin.

 

(2)     A party structure notice shall —

(a) be served at least two months before the date on which the proposed work will begin;

 

(b) cease to have effect if the work to which it relates —

 

(i) has not begun within the period of twelve months beginning with the day on which the notice is served; and

 

(ii) is not prosecuted with due diligence.

 

(3)     Nothing in this section shall —

(a) prevent a building owner from exercising with the consent in writing of the adjoining owners and of the adjoining occupiers any right conferred on him by section 2; or

 

(b) require a building owner to serve any party structure notice before complying with any notice served under any statutory provisions relating to dangerous or neglected structures.

 

4. Counter notices

 

(1)      An adjoining owner may, having been served with a party structure notice serve on the building owner a notice (in this Act referred to as a “counter notice”) setting out —

(a) in respect of a party fence wall or party structure, a requirement that the building owner build in or on the wall or structure to which the notice relates such chimney copings, breasts, jambs or flues, or such piers or recesses or other like works, as may reasonably be required for the convenience of the adjoining owner;

 

(b) in respect of special foundations to which the adjoining owner consents under section 7(4) below, a requirement that the special foundations—

 

(i) be placed at a specified greater depth than that proposed by the building owner; or

 

(ii) be constructed of sufficient strength to bear the load to be carried by columns of any intended building of the adjoining owner, or both.

(2)     A counter notice shall —

 

(a) specify the works required by the notice to be executed and shall be accompanied by plans, sections and particulars of such works; and

 

(b) be served within the period of one month beginning with the day on which the party structure notice is served.

 

(3)     A building owner on whom a counter notice has been served shall comply with the requirements of the counter notice unless the execution of the works required by the counter notice would —

 

(a) be injurious to him;

 

(b) cause unnecessary inconvenience to him; or

 

(c) cause unnecessary delay in the execution of the works pursuant to the party structure notice.

5. Disputes arising under sections 3 and 4

 

If an owner on whom a party structure notice or a counter notice has been served does not serve a notice indicating his consent to it within the period of fourteen days beginning with the day on which the party structure notice or counter notice was served, he shall be deemed to have dissented from the notice and a dispute shall be deemed to have arisen between the parties.

 
 

© COPYRIGHT 2019  |  Forrester & Co.  |  All Rights Reserved             SITE MAP  |  PRIVACY NOTICE / GDPR