The Party Wall Act etc 1996

Mason Carey undertake works associated to The Party Wall Act etc 1996 regularly on behalf of both building owners and adjoining owners.

The process is often something missed by the developer or mis-understood by the homeowner and Mason Carey are always willing to provide guidance and advice to clients outside of any instruction of works.

We have provided a brief summary of the requirement of the party wall act below -

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The Party Wall etc. Act 1996

The Party Wall etc. Act 1996 was enacted on 1 July 1997 and applies throughout England and Wales.  The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.  It is entirely separate from the requirement to obtain planning permission or building regulations approval.

The Act recognises three main types of party walls:

• A wall that stands on the land of two (or more) owners and forms part of a building or separates two buildings.

• A wall that stands on the land of two owners but does not form part of a building, such as a garden wall.

• A wall that is on one owner’s land but is used by two (or more) owners to separate their buildings.

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The Party Wall etc. Act covers any work which might affect the structural strength or support function of a party wall or has the potential to damage the neighbouring property or cause inconvenience to the adjoining owners.  Typically such works might include:

• Building a new party wall on the boundary or a wall adjacent to the building owner’s side of the boundary.

• Carrying out works to an existing party fence wall or party structure, including rebuilding a wall to a reduced height.

• Building within three metres of the adjoining owner’s walls or buildings if the works involve excavation works deeper than the neighbouring foundations.

• Building within six metres of the adjoining owner’s walls or buildings if the works involve excavation works where such excavation would cut through a plane extending down at 45 degrees from the bottom of the neighbouring foundations.

• Building or placing special foundations on the adjoining owner’s land.

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Any building owner intending to carry out work covered by the Act must give all adjoining owners at least two months’ written notice of their intentions.  Once notice has been served, the adjoining owners are given fourteen days to respond in writing.  (Failure to respond is deemed to give rise to a dispute).  Whilst there are no enforcement procedures for failure to serve a notice in the proper way, adjoining owners may obtain a court injunction preventing work from taking place if the correct procedure is not followed.

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Should any adjoining owner object to the proposed works, the Act provides a mechanism for resolving disputes by appointing a Chartered Surveyor.  The building owner must not commence work until all neighbouring owners have given their written consent and any disputes have been settled.  Once agreement has been reached, a party wall award is made.  This is a legal document setting out the proposed works and how they are to be carried out.

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Throughout the project, the building owner is required to avoid causing unnecessary inconvenience and to provide temporary protection for adjacent buildings and property.  Once complete, the building owner is required to make good any damage caused by the works or to compensate the adjoining owner for any loss or damage suffered.

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Whilst many projects involving party walls proceed without difficulty, it is recommended that a collaborative approach is taken and any plans discussed informally with adjoining neighbours before notice is served under the Act.

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If you are unsure whether The Party Wall etc. Act 1996 applies to a project that you are planning, or you need assistance agreeing a proposed project with your neighbours, Mason Carey has a team of experienced surveyors who can help. Call us on 0208 106 7840 or 01892 579701.

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