PARTY WALL ACT


This overview is intended to introduce to you the Party Wall Act 1996. It is not a statement of the law. The Council does not administer the Act and details provided here are solely for assistance. You are advised to seek professional advice if further information is required, or view the “Explanatory Booklet” published by the DLCG (formerly ODPM).

If you intend to carry out building work which involves:
  • work on an existing wall shared with another property
  • building on the boundary with a neighbouring property
  • excavating near an adjoining building

You must find out whether that work falls within the scope of the Act. If it does, you must serve the statutory notice on all those defined by the Act as adjoining owners Remember that reaching agreement with adjoining owners on a project that falls within the scope of the Act does not remove the possible need for Building Regulation Approval or Planning Permission.

The Act introduced a framework by which disputes could be resolved. Anyone who proposes to undertake work, which may be affected by the Party Wall Act, must give adjoining owners notice of their intentions. The notice applies even when the work will not go beyond the centre line of the division of the properties. The Act also provides, where there are disputes over this work, for the resolution of the disputes.

What do you have to do?
Before carrying out works which are controlled by this Act, you must:-
  • serve notices on adjoining owners, detailing the work, at least two months before commencing the work;
  • wait to receive consent, which must be given within 14 days otherwise a dispute is deemed to have arisen (see below). In giving consent, the adjoining owners can ask for other works to be carried out. More usually the cost of extra works is borne by the adjoining owner although sometimes the costs can be shared.
What happens if there is a dispute?
The parties can each appoint a surveyor to represent them, or they can agree to appoint one surveyor to settle things ('The Agreed Surveyor'). For more detailed guidance, see the Government publication: “The Party Wall etc. Act 1996: Explanatory Booklet”. Remember, any permission the Council may give you to carry out works does not remove the legal requirement for you to comply with the Party Wall Act.

YOU ARE REMINDED OF THE NEED TO SEEK PROFESSIONAL ADVICE IF
FURTHER INFORMATION IS REQUIRED



Page last updated on: 22/08/2012