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Party Wall etc. Act

Counter Notice

A Counter Notice can be used in response to every Notice, except an Entry Notice.

It must be served on the other Owner within 1 month of the service of the Notice being responded to.

A form of Counter Notice is conventionally attached to a Party Structure Notice, a Line of Junction Notice, and an Adjacent Excavation Notice.

A response to a Counter Notice is either assent, or silence, in which case a dispute is deemed to have arisen.

A Counter Notice must include
  • (a) the name and address of the Notifying Owner;
  • (b) the specification of the proposed work required to be carried out by
    • the Building Owner, with drawings if necessary;

If the work includes the construction of special foundations,

  • (c) details of the required depth of the foundations and the locations and
    • dimensions of the columns, together with particulars of the loads to be carried;

 

The Notice should include
  • (i) the name and address of the Notified Owner;
  • (ii) the date of the Notice
  • (iii) the Notifying Owner's signature