Party Wall Etc Act 1996                                                                  ç Back

The Party Wall etc, Act 1996 applies throughout England and Wales and the Act covers:

1. New Building Works at/or astride the boundary between two or more properties.
   
2. Structural work affecting existing party walls, including repairs, alterations, extending or reducing the wall, cutting into the wall and underpinning.
   
3. Excavation for foundations within 3 meters of a neighbours property where the new foundations will extend to a lower level of the foundations of the adjoining structure.
   
4. Excavating or constructing foundations within 6 meters of the neighbouring property where the new foundations will cut a line drawn downwards at 45o projected from the point of the external face of the wall to the underside of the foundations.
   
5. Erecting a wall/fence across or/on the boundary.

Responsibilities

If you are an owner proposing to undertake building works, you must consider these works in relation to the Act. You are required to serve a statutory notice either one or two months prior to commencement depending upon which part of the building is affected to your adjoining owners, and obtain their agreement to the building works prior to commencing any works which fall within the Act.

If your neighbours do not agree in writing, the preferred solution would be to appoint one surveyor as an Agreed Party Wall Surveyor to prepare a Party Wall Award. This Surveyor is independent of all parties and has an obligation and duty to ensure the Act is applied implicitly and more importantly impartially. If there is no agreement to appoint a single surveyor, each owner are required to appoint their own surveyor. An owner is defined as any person who has a legal interest in the property which exceeds 12 months.

The appointed surveyors are required to consider the works and publish a Party Wall Award agreeing the relevant issues pertaining to the Act and the propertry. The reasonable costs incurred as a consequence of the building works are paid by the person undertaking the works.

If you are the Adjoining Owner and receive a Party Wall Notice you are entitled to agree to the proposed works, however if you are concerned that as a consequence of these works there is a probability that your property will be damaged or affected in some way you are entitled to dissent from the Notice and appoint your own surveyor. The surveyor will then deal with any issues in relation to the proposed works.

IF YOU FAIL TO APPOINT A SURVEYOR, THE BUILDING OWNERS SURVEYOR IS ENTITLED TO MAKE AN APPOINTMENT ON BEHALF OF AN OWNER.

IF A BUILDING OWNER FAILS TO APPOINT A SURVEYOR AND DAMAGES THE ADJOINING OWNERS PROPERTY, THE LIABILITY FOR COSTS IS SIGNIFICANTLY INCREASED.

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