The
Party Wall Act 1996 applies to Party Wall structures
whether they be garden walls, buildings or floors within
a building.
The Act
provides a framework for preventing and resolving
disputes in relation to party walls, boundary walls and
excavations near neighbouring buildings. Adjoining owners
can agree or disagree with proposals, and where there is
a disagreement the Act provides for the resolution of
disputes.
The
purpose of the Act is provide you, as building owner,
with certain rights to carry out work to the party wall
which include :-
- to
excavations on the land of one owner which extend
below the bottom of the foundations of a adjacent
building which is within 3 metres of the
excavations.
- to
cut into a party wall to take the bearing of beams
(e.g. for a loft conversion), or to insert a damp
proof course all the ways through the
wall,
- to
raise the whole party wall and to cut off any
projections which prevent you from doing
so,
- to
demolish and rebuild the party wall,
- to
underpin the whole wall,
- to
protect two adjoining buildings by putting a flashing
from the higher building over the lower
building.
If you
intend to carry this or similar work then you are
required to inform all adjoining owners of the wall with
a formal notice containing certain information.
The
person receiving the notice must respond, giving their
consent in writing or serve a counter notice setting out
what additional or modified work they would like carried
out.
The Act
sets out a procedure to be followed in the event of the
adjoining owner serving a counter notice.
In order
to make use of these rights, the requirements of the Act
must be implemented involving the service of various
notices.
The Act
requires that notice and details of the proposed works
are given to the adjoining owners in writing before the
works commence. This gives the adjoining owners time to
examine the proposed works and to raise any concerns. The
surveyor can help to resolve any potential
disputes.
If for
instance, you are considering an extension to your house,
then it is likely that the requirements of the Act will
apply. We can assist you in matters relating to Party
Walls.
If you
are the recipent of a Notice issued under the Party Wall
Act, we can assist you in explaining your rights and
liabilities.