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Party Wall Act 1996
The even-handed Act came into effect on 1 st July 1997 and affects virtually all property in England and Wales.
The Act has been written to assist development as well as to protect adjoining owners. Should a dispute occur there are procedures for surveyors to resolve matters.
The Act now confers a long list of rights over the whole of a Party Wall Structure including cutting into it; building it up; pulling it down and building it up again; cutting off sections that interfere with the development; underpinning; reducing its height etc.
An adjoining owner cannot stop someone exercising his or her rights under the Act, but can influence how and when the work is done by serving a counter notice.
Do you intend to carry out work that involves:
- Work on an existing wall or floor shared with another property?
- Building on the boundary of another property?
- Excavating near a neighbouring building?
Then you must find out whether the work falls within the scope of the Act. If it does you must serve the statutory notice on all those defined in the Act as ‘adjoining owners’. The notice may have to be served up to two months (timings vary) before work commences.
Trying to obtain an amicable written agreement to the proposed works with the adjoining owner(s) is the best solution.
However, if you cannot agree, or your notice is ignored, or you are unsure, then the Act allows for the appointment of an independent Building Engineer or Surveyor to provide a fair resolution to the dispute by making a Party Wall Award.
If you do not comply with the Party Wall etc Act 1996 by serving the necessary notices and obtaining the necessary agreements your building works could be delayed in excess of two months, possibly incurring legal costs and builders’ claims for delay.
In order to be clear if your planned work comes within the Act, you should seek professional advice from a Party Wall Surveyor.
The Party Wall Act 1996 could affect you:
If you share a wall with a neighbour (it could be a party wall or a party garden wall) the Act may affect you or your neighbour.
Suitably qualified Building Engineers will be able to advise owners whether or not the works they are considering fall within the Act.
If you would like further information, please contact Waldeck Associates.
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