The Party Wall etc. Act 1996 was put in place to aid the process of adjoining owners getting an amicable agreement in place to ensure that works proceeded in line with the principles that are laid down under the legislation in relation to adjoining buildings and land.
Our services are based on the guidance set down by the Faculty of Party Wall Surveyors (FPWS)
The Party Wall etc. Act 1996 was put in place to aid the process of adjoining owners getting an amicable agreement in place to ensure that works proceeded in line with the principles that are laid down under the legislation in relation to adjoining buildings and land.
Construction and repair of walls on line of junction
- New building on line of junction
- Repair etc. of party wall: rights of owner
- Party structure notices
- Counter notices
- Disputes arising under sections 3 and 4
Adjacent excavation and construction
- Adjacent excavation and construction
Rights etc.
- Compensation etc
- Rights of entry
- Easements
- Resolution of dispute
Expenses
- Expenses
- Security for expenses
- Account for work carried out
- Settlement of account
Miscellaneous
- Service of notices etc
- Offences
The Party Wall Act – 1996, makes provision in respect of party walls, including the excavation and construction in proximity to certain buildings or structures; and for connected purposes. Party Walls are described as being walls or structures which are built on the line of junction or boundary, between two properties. The act also makes reference to walls or structures which might be affected by excavation on or close to the line of junction.
The work may be the erection of a new structure, changes to an existing structure or an intention to carry out excavations to perhaps, facilitate an extension within a specified distance of an adjoining owner’s property. A common situation is if you want to install the end of a beam into a party wall or undertake foundation excavations
The Party Wall act covers excavations within 3 metres of an adjoining owner, if the lowest point of the excavation will be lower than the underside of the footings to the party wall (or parts of their property which are within three metres of the proposed excavation).
Covered by the Act are:
- New building on or at the boundary of 2 properties
- Work to an existing party wall or structure
- Inserting into the party wall any steel beams or flashings
- Excavation near to or within 3 metres and below the foundation level of neighbouring buildings
- Including:
- Building a new wall on or at the boundary of 2 properties
- Cutting into a party wall
- Altering an existing party wall in any way
- Removing a chimney breast from a party wall
- Demolition and rebuilding of a party wall
- Digging below the foundation level of a neighbouring structure
- Notice must be given to a neighbour in writing between 2 months and a year before the start of building works. Any agreement reached should be in writing. A neighbour must respond in writing within 14 days if they consent to a notice.
- Neighbours must respond to the notice. It cannot be assumed that no response means they agree to the works.
- The dispute resolution process will also start if a neighbour does not respond to a notice within the given time.
- Before appointing a supplier and placing an order you should ensure yourself that your chosen supplier has satisfactory qualifications, experience and insurance, to provide the level of service that you require.
