Last edited 16 May 2018

Party structure notice

A party structure notice is one of the notices that must be served where the owner of a property (known as 'the building owner') intends to undertake any construction work described in Sections 1, 2 and 6 of the Party Wall etc. Act. 1996.

A party structure notice relates to Section 2 works, which concerns existing party structures, including party walls, floors and partitions (that separate buildings or parts of buildings), party fence walls (essentially a boundary wall between lands in separate ownership which is built astride a boundary), and in some instances, a neighbour's independent property.

These works often include activities such as cutting holes for the insertion of beams and padstones, cutting in flashings, removing chimney breasts, and so on.

A party structure notice must be served at least two months before the date on which it is proposed to start that work. This is different from the other two notices (the Line of Junction notice and the Notice of Adjacent Excavation) which must be served at least one month prior to work commencing.

The information which Notices must contain are:

  • The name and address of the building owner.
  • The nature and particulars of the proposed work.
  • The date on which the proposed work will begin.

There are a number of pro-forma notices in use, which generally include the following information as a matter of course regardless of the type of notice:

  • The date of the notice.
  • The name and addresses of both the building and adjoining owners (and the addresses of the properties being worked on/affected if different).
  • A statement as to the commencement of works relative to the appropriate notice period.
  • An advisory note explaining what happens if the recipient actively dissents from the works or fails to respond within 14 days.

Below is an example of the wording of a typical party structure notice:

As the owner/s of Building Owner's building which is adjacent to your premises at Adjoining Owner's building, I/we Building Owner of Building Owner's main address 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.

[Further information about the Act can be provided in an attached document or weblink if necessary.]

The proposed works are: description of the works.

The proposed works do/do not involve special foundations.

I/we attach the relevant plans, sections and details of construction (if applicable).

I/we intend to start works on: date of works.

If you are content for the works to go ahead as proposed please complete, sign and return the attached letter 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) 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.

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.

Yours sincerely,

Building Owner's signature/s

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