The Party Wall Act
What is the Party Wall Act?
The Party Wall etc Act 1996 provides a framework that enables issues relating to party wall matters to be resolved without the need for legal action. It takes into account the rights of a Building Owner to carry out alterations/improvements, whilst also protecting the interests of any Adjoining Owner whose property will be affected by the works.
The Act sets out statutory procedures for carrying out that work in a timely manner. An Adjoining Owner doesn’t have the right to prevent works being carried out (unless the necessary notice has not been served), but they do have the right to appoint a Party Wall Surveyor to protect their interests.
Notifiable Works
What works does the Party Wall Act cover?
Residential, commercial and industrial buildings are all covered by the Act. There are three separate notices and any or all may apply to Party Wall works.
The work may require any or all of the following notices:
Section 1
New building on line of junction
A Building Owner intending to build on the line of junction must serve notice upon the Adjoining Owner setting out that intention. Notice must be served at least one month before the works are scheduled to commence.
Section 2
Works to a party wall, party structure, party fence wall or boundary wall
A broad range of works is covered under Section 2 and includes:
- Raising the height of a party wall eg for a loft conversion
- underpinning
- Making structural repairs to or demolishing a party wall or structure
- Cutting into a party structure eg putting in a damp course
- Cutting into a party wall to insert flashing of a wall erected against the party wall
- Removing a chimney breast or flue
Works falling within Section 2 require the Building Owner to serve notice at least two months before the works are scheduled to commence.
Section 6
Adjacent excavation and construction
If a Building Owner plans to excavate – whether in order to install drainage or lay foundations for a new structure – within a distance of 3 metres from a building or structure belonging to a neighbour, notice must be served at least one month before the works are scheduled to commence.
Similarly, excavations taking place within 6 metres of an Adjoining Owner’s building or structure, and deeper than said building or structure, will fall within Section 6 subject to a calculation. If the planned excavation falls with a plane drawn downwards at 45-degree angle from the bottom level of the neighbouring foundations, notice must be given. Again, notice must be served at least one month before the works are scheduled to commence.
What next?
If your work is notifiable under the Act, you’ll need to serve the correct notice(s) on your neighbour(s) and a Party Wall Award may need to be in place before the work can proceed.
Working on your behalf, Home Approved can prepare notice(s), make contact with the adjoining owner(s) and deal directly with them on your behalf.