The Party Wall etc Act 1996?
The legislation relates to works in and around shared properties and aims to guide, avoid and resolve disputes while protecting both parties.
The term Party Wall refers to a dividing wall between the boundary of the land that belongs to two or more owners. For example, a shared wall between a terrace or semi-detached property.
Other parts of a building may be party structures and need similar process and notices — for example, a floor between two flats.
In order to ensure work is lawful, the Act requires those carrying out notifiable works (Building Owner) to their property to serve notice upon their neighbour(s) (Adjoining Owner), outlining their intention if the proposed works falls on or near a boundary line.
Examples of the type of work that will trigger the Act;
- Work on an existing wall or structure shared with another property.
- Building a free-standing wall of a building up to or astride the boundary line.
- Excavating near a neighbouring building
THE THREE
Notice Types & Timescales
There are three different types of notice that may need to be served upon an Adjoining Owner.
Party Structure Notice
Party Structure Notice is for invasive works that directly affect the Party Wall such as demolishing and rebuilding a Party Wall, the installation of steelwork, removing of chimney breasts and cutting in for flashing and damp-proof course.
This notice should be served a minimum two months before the commencement of the works.
Adjacent excavation and construction
This notice relates to excavations within three and six metres of adjoining/adjacent buildings to form foundations which will be at depths lower than the foundation of the adjoining property.
This notice period for this is one month before the commencement of works.
Line of junction
This type of notice covers the erection of a new wall either adjacent or astride a boundary line with an adjoining property.
This notice period for this is one month before the commencement of works.
THE
Process
Once notice has been served upon the relevant adjoining owners, they have fourteen days to respond. They have the option to consent or dissent.
If they consent the work can begin, although it is best practice to have a schedule completed on their property to establish any pre-existing defects.
If an Adjoining Owner does not reply to a notice within fourteen days the Act allows them a further ten days to respond. If no such response is received, another surveyor will be appointed to represent this party and enable an Award to be agreed.
Where an adjoining owner dissents, they can appoint the Building Owner’s surveyor or their own surveyor to initiate the dispute process. An award will be drafted outlining the terms and conditions of the notifiable works to be carried out. No Party Wall works should progress until an Award is issued.
ENQUIRE ABOUT
Party Wall
If you have any upcoming works you need assistance with or if you are in receipt of a notice from a neighbour, please complete our enquiry form. Please provide as much detail as you can so we are fully informed. If you would prefer to call us to discuss the project further, you can reach our team on 01277 729 656