The Party Wall Act 1996 is fundamental legislation affecting owners of property who intend to carry out building or refurbishment works in England and Wales. It provides a framework for preventing and resolving disputes between neighbours regarding building works. Which may affect shared walls, boundary walls, or excavations adjacent to neighbouring properties. This detailed guide will walk you through the most critical aspects of the Act and what it means for your project.
What is a Party Wall?
Two or more owners share a wall, which stands on their collective lands and forms part of their respective buildings, or one owner allows the use of a wall that stands on their land by other owners to separate their buildings. The Party Wall Act also covers garden walls and excavations near neighbouring buildings.
When Does the Party Wall Act Apply?
The Act applies to various types of building works including:
- Work to an existing party wall or structure; this includes but is not limited to: underpinning a wall or cutting into a wall to insert a beam, raising the height of the wall, or demolishing and rebuilding.
- Building a new wall on or at the boundary of two properties.
- Excavating near a neighbouring building or structure; in simple terms, digging foundations for an extension.
Serving Notices
If your proposed works fall under the Act then you will be required to serve a party wall notice upon your adjoining owner(s) a minimum of two months prior to the intended start date for works to the party wall or one month for excavation works.
The notice should include:
- Your name and address
- The address where the building work will take place
- A full description of the proposed work
- The date when the work will begin
Response to Notices
Adjoining owners have 14 days to respond to the notice. They may:
- Consent to the work
- Dissent and appoint a party wall surveyor to draw up a Party Wall Award
- Do nothing, in which case a dispute is deemed to have arisen and both parties must appoint a surveyor.
Role of the Party Wall Surveyor
The party wall surveyor is often an independent expert appointed under the disputes arising under the Act. They will prepare a Party Wall Award, which is essentially a legal document highlighting the work to be undertaken, how and when it is to be undertaken, and any additional safeguards to protect both parties’ interests.
Conclusion
Understand the Party Wall Act, which becomes relevant for any property owner who intends to start building works that may affect a neighboring property. By adhering to the requirements of the Act and working with a qualified party wall surveyor, one is sure that the project will go through smoothly without disputes with neighbors.