Party Wall etc Act 1996

Party Wall etc. Act 1996

Since the Party Wall etc Act 1996 came into force, homeowners in England and Wales have had a procedure to follow when building work involves a party wall or party fence wall, some excavations close to neighbouring buildings, and new walls at boundaries.

 

The Act permits owners to carry out certian specific works, including work to the full thickness of a party wall, whilst at the same time protecting the interests of anyone else who might be affected by that work.  The Act is designed to avoid or minimise disputes by making sure property owners notify their neighbours in advance of certian proposed works.  The Act requires that where the adjoining owner does not agree in writing to the works a surveyor or surveyors will determine the time and way in which those works are carried out.

 

If you intend to do works likely to affect the adjoining owner, you must give written notice to your neighbours at lease two months before starting any party wall works or one month for line of junction or excavation works.  Before you start the specific works you must either have your neighbours written agreement to the proposed works or appoint a surveyor to prepare a Party Wall Award in respect of them. 

 

Where written agreement is not given, within 14 days of the notice, the solution the Act provides is for both parties to appoint a surveyor who will act impartially.  The Surveyors will prepare the Award detailing the proposed works to be carried out, when, how and usually record the the condition of the relevant part of the adjoining property before works begins.  The Award will determine who pays for the work if this is in dispute.  Generally, the building owner who started the work and the reasonable costs, but these will be apportioned between the owners where appropriate.