The following pages will consider some of the frequently asked questions and scenarios arising under the Act.
Not every situation can be considered but hopefully these will give an overview of the operation of the Act.
Remember, under the Act there are building owners and adjoining owners, with the building owner being the party intending to carry out the works.
Not all works that a building owner may intend to carry out are covered by the Act and the Act assumes all necessary consents will be obtained. This may include Planning Permission, unless Permitted Development Rights are being utilised, almost certainly Building Regulation approval, and perhaps also Listed Building consent.
The following pages will consider:
THE PARTY WALL ETC. ACT 1996
- What does the Act do?
- What does the Act cover?
- What is a party wall?
WORK ON EXISTING PARTY WALLS (SECTION 2 OF THE ACT)
- What are my rights under the Act if I want to do work on an existing party wall?
- What are my duties under the Act?
- What about things like putting up shelves or wall units, or installing recessed sockets, or removing and renewing plaster?
- Who counts as an "adjoining owner"?
- How do I inform the adjoining owner or owners?
- How long in advance do I have to serve the notice?
- What happens after I serve notice?
- What if I cannot reach agreement with my neighbour on the work to be done to the party wall?
- Who can I appoint as a surveyor in the event of a dispute?
- What does the surveyor do?
- Who pays the surveyor's fees?
- Is the surveyor's award final?
- Who pays for the building works?
- What happens if the neighbours won't cooperate?
- What about access to the neighbouring property?
- What can a neighbouring owner do to guard against the risk that works to the party wall may be left unfinished?
NEW BUILDING ON THE BOUNDARY LINE BETWEEN NEIGHBOURING PIECES OF LAND (SECTION 1 OF THE ACT)
- What does the Act say if I want to build up against or astride the boundary line?
- How long in advance do I have to serve the notice?
- What happens after I serve notice about building astride the boundary line?
- What happens after I serve notice about building up against the boundary line?
- What happens if there is a disagreement with my neighbour?
- What about access to the neighbouring property?
EXCAVATION NEAR NEIGHBOURING BUILDINGS (SECTION 6 OF THE ACT)
- What does the Act say about excavating near to neighbouring buildings?
- How long in advance do I have to serve the notice?
- What happens after I serve notice?
- What about access to neighbouring property?
SOME COMMON QUESTIONS ABOUT THE ACT
- Does the Act change who owns the party wall?
- Can the Act be used to resolve a boundary dispute?
- Does the Act supersede common law rights?
- Does the building owner have to wait for the full one or two months after serving a notice before starting work?
- What happens if an owner wants to build up to an existing boundary wall which does not currently form part of a building and which is wholly on their own land?
INTRODUCTION
The Party Wall etc. Act 1996 ("the Act") came into force on 1 July 1997 throughout England and Wales.
If you intend to carry out building work which involves one of the following categories:
- work on an existing wall or structure shared with another property (section 2 of the Act)
- building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act)
- excavating near a neighbouring building (section 6 of the Act)
you must find out whether that work falls within the Act. If it does, you must notify all affected neighbours.
This brief guide aims to assist and explain how the Act may affect someone who either wishes to carry out work covered by the Act (the "building owner") or receives notification under the Act of planned work (the "adjoining owner"). For simplicity, it is written mainly from the point of view of the person wishing to do the work. This guide is not an authoritative interpretation of the law and if unsure it is advisable to seek professional advice.
This guide is only about the Act, which is entirely separate from planning or building regulations control. You must remember that reaching agreement with your neighbour under the Act does not remove the possible need for planning permission or building regulations approval.
1 WHAT DOES THE ACT DO?
The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts which applied in inner London for many decades. (This Act replaced those provisions in inner London.)
Anyone proposing to carry out work, anywhere in England and Wales of the kinds described in the Act must give adjoining owners notice of their intentions. A notice must be given even where that work will not extend beyond the centre line of a party wall.
Adjoining owners can agree or disagree with what is proposed. Where there is a disagreement, the Act provides for the resolution of disputes.
2 WHAT DOES THE ACT COVER?
- Various work that is going to be carried out directly to an existing party wall or structure
- New building at or astride the boundary line between properties
- Excavations within 3 and/or 6 metres of a neighbouring building/s or structure/s depending on the depth of the excavation
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