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THE PARTY WALL ACT 1996
Planning building work?
If you intend to carry out construction or alterations which
involve:
- Work on a wall, floor or ceiling shared with another property
- Building on the boundary with another property
- Excavating within 6 metres of an adjoining building
You may find that the work falls within the scope of this Act. If
it does, you must serve statutory Notices on all those defined by
the Act as adjoining owners. This is quite separate from any need
for planning permission and/or building regulation approval.
The Act provides a fair solution to the problems that are
frequently encountered when building on or adjacent boundaries or in
confined areas.
The "Party Wall etc Act 1996" applies throughout England and
Wales.
The Act covers:
1. New Building works at or astride the boundary between two
properties.
2. Structural work affecting an existing shared/party wall,
including repairs, alterations, extending or reducing the wall,
cutting into the wall and underpinning.
3. Excavating, or constructing foundations within three
metres of a neighbour's building where the new foundations will go
deeper than the neighbour's.
4. Excavating, or constructing foundations within six metres
of a neighbour's building where the new foundations will cut a line
drawn downwards at 45 degrees from the bottom of the neighbour's
foundations.
If you are the owner proposing to have the works carried out, you
must identify whether the works are governed by the Act. If so, you
must serve statutory notice (one or two months depending upon which
part of the building is affected) on the adjoining owners and get
agreement to the building programme, before you start.
If your neighbours do not agree in writing, the preferred
solution would be to appoint one surveyor to draw up a Party Wall
Award. This surveyor should be independent and should not be
involved in the design or specification of the works. If you cannot
agree a surveyor, then each side should appoint their own surveyor.
The Party Wall Award will set out what can and cannot be done in
accordance with the Act.
If you are the adjoining owner and receive a party wall notice,
you may agree to the proposed works if you are entirely happy that
there will be no damage or consequences to your property. Otherwise,
if you do not agree or if you ignore the notice, then you must agree
to a single surveyor being appointed, or appoint your own. If your
do neither then a surveyor should be appointed for you by the owner
carrying out the works. Where a surveyor is appointed, a schedule of
condition of your property will be prepared (in case any damage is
caused) and a Party Wall Award will be prepared.
The owner who is carrying out the works normally pays the fees of
the surveyors. Fees for such services vary according to the nature
and extent of the works.
We can provide Party Wall Surveying Services.
Malcolm Harvey MBEng MFPWS MICOW ACIOB
Member of the Faculty of Party Wall Surveyors
For Advice Contact Tel: 07879 641047
or email: malcolm@wildcry.com |
Click on image to download Party Wall Act
Explanatory Booklet
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The Party Wall Act 1996 imposes
duties upon those with interest in a building to notify their
neighbour of their intention to carry out any work which may
affect a party wall or its foundations.
Under the Act, notice must be served and if
agreement can not be reached, surveyors may be appointed. Under
the Party Wall Act, WildCry Technical Services Ltd are
able to offer detailed advice and assistance on all complex
Party Wall issues.
In particular, should you have been served
with a Party Wall Notice or if you are contemplating works which
may affect a Party Wall, please contact us for free, no
obligation advice.
Tel: 07879 641047
Malcolm Harvey MFPWS
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