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Example Letter 1 - Party Structure Notice

This document provides guidance on completing example letters for notices required under the Party Wall etc. Act 1996 in the UK. It includes notes to complete a sample Party Structure Notice letter notifying an adjoining owner of proposed building works affecting a party structure. The summary letter would notify the adjoining owner of the proposed works, when they will start, and request a response if they agree to the works or wish to appoint a surveyor in the event of a dispute.

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317 views3 pages

Example Letter 1 - Party Structure Notice

This document provides guidance on completing example letters for notices required under the Party Wall etc. Act 1996 in the UK. It includes notes to complete a sample Party Structure Notice letter notifying an adjoining owner of proposed building works affecting a party structure. The summary letter would notify the adjoining owner of the proposed works, when they will start, and request a response if they agree to the works or wish to appoint a surveyor in the event of a dispute.

Uploaded by

bujjibangaru2012
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Example letter 1 – Party Structure Notice

To Adjoining Owner [see note 4]


Of Adjoining Owner's main address [see note 5]
Date [see note 7]
Dear title [see note 8]
The Party Wall etc Act 1996
Notice of proposed works under section 2 of the Act - Party
Structure Notice.

As the owner/s of Building Owner's building [see note 3] which is adjacent to your
premises at Adjoining Owner's building [see note 6] I/we Building Owner [see
note 1] of Building Owner's main address [See note 2] notify you that in
accordance with our rights under section 2 of the Party Wall etc Act 1996 I/we
intend to carry out building works.
[Only if applicable add – Further information about the Act can be found in the
explanatory booklet available to download from: https://www.gov.uk/party-wall-
etc-act-1996-guidance.] [See note 9]
The proposed works are: description of the works [see note 17]
The proposed works do / do not involve special foundations, [Only if applicable, see
note 17 add - and accordingly I attach the relevant plans, sections and details of
construction]
I/we intend to start works on date of works [see note 10] [if you want to start within
the 2 month notice period add - or on the earlier date of [date] with your written
agreement - see note 11]
If you are content for the works to go ahead as proposed please complete, sign and
return the attached letter [See note 12] within 14 days of receiving this letter.
If you do not confirm in writing that you are content for the work to go ahead as
proposed we will be 'in dispute' under the Act.
In the event of any dispute between us under the Act, would you be willing to agree
to the appointment of an 'Agreed Surveyor'?
If the answer is yes I suggest using Agreed Surveyor's name [See note 13] but
would be happy to receive your alternative proposal.
If the answer is no, please let me know whom you would appoint as your
surveyor.
[Only if you are willing to send further notices and documents to the adjoining owner
by email add:] If you are willing to receive further notices and documents required
under the Act from me/us by email from [email address] could you confirm your
willingness to do so and provide details of your email address (See note 14].
Yours sincerely
Building Owner's signature/s [See note 15]
Notes on completing example letters
Where work covers more than one section of the Act the example letters may be
combined so that all the information required under the Act is provided in one letter.
Where alternatives appear (e.g. I/we), you should write only the applicable option.
Where italics appear in the text of the sample letters, you should refer to the
following notes for guidance:
1 Building Owner - This is the owner of the premises where the work is proposed. If
the property is owned in joint names both or all names must be given in the notice.
2 Building Owner's main address - This is your main correspondence address and
may be different to Building Owner's building as at note 3.
3 Building Owner's building - this is the address of the premises where the work is
proposed.
4 Adjoining Owner - If possible give the neighbour's full name/s. If you do not know
the name write "The Owner"

5 Adjoining Owner's main address -


If the Adjoining Owner does not live at the premises e.g. a landlord, the address will
be the owner's main address.
If the Adjoining Owner is an owner-occupier or if you do not know who is the owner
this will be the address adjacent to your premises - i.e. the Adjoining Owner's
building as note 6.
6 Adjoining Owner's building - this is the address of the premises adjacent to that
where the work is proposed.
7 Date - This is the date your notice is posted or served. You should always date
your letter, as this will avoid confusion as to when notice was served.
8 Title - If known give the full name/s, otherwise write "Sir or Madam".
9 Explanatory Booklet - It is recommended that you provide the web link
(https://www.gov.uk/party-wall-etc-act-1996-guidance) for this booklet to your
neighbour so that they know why you have written to them.
10 Date of works - This must be after the end of the notice period, which for Party
Structure Notices is two months and for Line of Junction and 3 or 6-metre Notices is
one month. If you do not know exactly when your works will start you may wish to
add "or thereafter".
11 You may wish to start earlier than the one-month or two-month notice period but
can only do so with your neighbour's written agreement. You may wish to add "or
sooner with your written agreement".
12 Attached letter - It is recommended you prepare a letter for your neighbour to use
- based on example letters 2 and 3 for Party Structure Notices, 5 or 7 for Line of
Junction Notice or 9 and 10 for 3/6 Metre Notices.
13 Agreed Surveyor's name - It is recommended that you give the name, address
and telephone number of the person you propose to use as the 'agreed surveyor'.
However, there is no requirement to appoint surveyor(s) unless a dispute arises. If
an agreed surveyor’s details are not provided the relevant sentence(s) may be
deleted or you may wish to replace with ‘details of agreed surveyor to be advised if a
dispute arises’.
14 Email address -If you are content to receive notices and documents required
under the Act by email you will need to confirm your willingness to do so and provide
details of your email address. Notices and documents required under the Act can
only be sent by email if the recipient states agreement to this, and has not withdrawn
that agreement.
15 Building Owner's signature - Remember to sign the notice. All joint owners
should sign unless one is authorized to sign for all joint owners. It is recommended
you also print your name.
16 (Line of Junction Notice) Description of the wall - Describe the new wall you
intend to build - for example height, length, materials etc. You might wish to add
further information for your neighbour's benefit - for example 'forming part of a single
storey extension' or include drawings.
17 (Party Structure Notice) Description of the works Give full details of the works you
propose to carry out that affect the party structure or the adjacent building. If special
foundations, defined in section 20 of the Act, are proposed, under section 3(1)(b)
then there is a need for plans, sections and details of construction. In cases that do
not involve special foundations you still might wish to include drawings for your
neighbour's benefit if they are available but this is not essential if works are properly
and fully described.
18 (3/6 Metre Notice)
Description of the excavation and works. - A simple description such as "excavate to
lay drainage/foundations" will suffice if the drawings clearly show what is proposed.
Drawings. - It is a requirement of the Act that drawings are provided showing the
depth of the proposed excavations and the location of any proposed building or
structure. It is also advisable for the drawings to show the position of the adjoining
building in relation to the excavations.
Safeguarding the Adjoining Owner's foundations. - You are required to tell the
Adjoining Owner whether you intend to underpin or otherwise strengthen or
safeguard the foundations of his building or structure.
19 (3/6 Metre Negative Acknowledgement)
Specific concerns – There is no obligation to set out what your objections are but it is
likely to help resolve matters if you include this.

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