Faulkners Surveyors st helens

If you’re planning to undertake construction work on a shared boundary with your neighbour, you might need a party wall agreement.

It’s a legal document that outlines the responsibilities and rights of both parties involved in the construction process.

st helens

Party Wall Notice: Required with Planning Permission?

If you are planning to undertake construction work on your property in St Helens, you may be wondering whether you need to serve a Party Wall Notice if you have planning permission. While planning permission and Party Wall matters are related to construction work, they are two separate issues. In this article, we will discuss whether you need to serve a Party Wall Notice if you have planning permission.

What is a Party Wall Notice?

A Party Wall Notice is a legal document that you must serve on your neighbour(s) before starting any construction work that may affect the shared wall(s), boundary or structure in St Helens. The notice must include details of the proposed work and the expected start date. The purpose of the notice is to inform your neighbour(s) of the work you intend to carry out and to give them the opportunity to appoint a surveyor to protect their interests.

Do You Need to Serve a Party Wall Notice if You Have Planning Permission?

The short answer is yes, you may still need to serve a Party Wall Notice even if you have planning permission for your construction work. Planning permission and Party Wall matters are two separate issues and require different legal processes. Planning permission is granted by the local authority and ensures that your proposed work complies with the planning regulations. A Party Wall Notice is required under the Party Wall etc. Act 1996, which provides a framework for resolving disputes between neighbours relating to party walls, boundary walls, and excavations near neighbouring buildings in St Helens.

When Do You Need to Serve a Party Wall Notice?

You need to serve a Party Wall Notice if you intend to undertake any of the following construction work that may affect the shared wall(s), boundary or structure in St Helens:

  • Work on an existing party wall or boundary wall
  • Excavation within three to six meters of a neighbouring building, depending on the depth of the excavation
  • Building a new wall on the boundary line
  • Any other work that may affect the structural integrity of the shared wall(s), boundary or structure

What Happens If You Don’t Serve a Party Wall Notice?

If you don’t serve a Party Wall Notice before starting construction work that may affect the shared wall(s), boundary or structure, you may be in breach of the Party Wall etc. Act 1996. Your neighbour(s) may take legal action against you, which can be costly and time-consuming. They may also seek an injunction to stop the work until you serve the notice.

Advantages of Serving a Party Wall Notice

Serving a Party Wall Notice has several advantages, including:

  • Avoiding legal disputes with your neighbour(s)
  • Protecting your interests and those of your neighbour(s) during the construction work
  • Ensuring that the construction work complies with the Party Wall etc. Act 1996
  • Minimising the risk of damage to your property or your neighbour(s) property during the construction work
Conclusion

If you have planning permission for your construction work, you may still need to serve a Party Wall Notice before starting the work. Serving a Party Wall Notice is a legal requirement under the Party Wall etc. Act 1996 and is necessary to protect your interests and those of your neighbour(s) during the construction work. If you have any questions or concerns about Party Wall matters, Faulkners St Helens provides expert guidance and advice to help you navigate through the process.