Party Walls

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.

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