The Party Wall etc. Act 1996 was created for England and Wales and came into force on July 1st 1997. It provides the procedure for building work on a party wall or fence. It also includes excavations near neighbouring buildings and the creating of new walls at boundaries.
In the UK, walls that divide buildings owned by different individuals are referred to as party walls. While they typically separate buildings, they can also include garden walls. Complications related to planned work on party walls are common, as the owners of adjacent properties share easement rights over the wall and any sections needed for the building’s support. This has led to the introduction of the Party Wall Act.
Therefore, knowing the basics about party walls and the Act before commencing work is crucial to the success of your project.
Understanding the Party Wall Act
The Act allows owners to carry out particular works, including work to the party wall while protecting the interests of anyone else who might be affected. The Act helps avoid or minimise disputes by ensuring property owners notify their neighbours before some proposed works.
Furthermore, the Act has a framework for dispute resolutions, enabling work to proceed. If an adjoining owner dissent to the notice, the Act allows a surveyor to determine when and how the works must continue.
The “etc.” was included in the Act of 1996 because it also makes provisions for party structures and fence walls.
In Section 20 of the Act, it defines these as:
- “party fence wall” means a wall that’s not part of a building but stands on the lands of different owners and was constructed to separate these adjoining lands.
- “party structure” means a party wall that may include a floor partition or other structure that separates buildings or parts of buildings where only separate staircases or separate entrances approach them.
What Does the Party Wall Act Cover?
These are some of the tasks you can carry out on a party wall after notifying the adjoining owners and getting a written agreement:
- Cutting into a wall for adding a bearing beam when needed for something like a loft conversion.
- Damp proofing work, even if only on your side of the wall.
- Erecting a party wall. You will also need to notify the adjoining owners and get permission to cut off any objects in the way of the planned building.
- Demolishing down and rebuilding a party wall.
- Underpinning work on any part or the whole party wall.
- Weathering the seam of adjoining walls or buildings by flashing into an adjoining building.
- Excavating the foundations within three metres of your neighbour’s structure or lower than their foundations.
- Excavating foundations within six metres the structure of a neighbour and below a line drawn down at 45° from the bottom of their foundations.
- The building of a new wall on the boundary line (line of junction). You’ll need a party wall surveyor to confirm which work is notifiable, the notice period and the type of notice required.
Minor Jobs and the Act?
The Act doesn’t cover any minor jobs that don’t affect a party wall’s structural integrity or loading. Therefore, you don’t need to give notice when replastering, fixing electricals or plug sockets, or placing shelving.
Issuing of Notices
The provisions of the Act state that the first stage of any work begin with issuing written notices to the adjoining owner or owners if there’s more than one. They must receive these at least two months before starting work on the party wall. Works to the line of junction or excavations require at least one month’s prior notice. If you have owners living below or above your home, you must notify them if you work on a ceiling or floor.
Don’t let party wall disputes come between you and your projects. At Harban Redwood, your renovation or construction projects benefit from our comprehensive and expert surveying services, ensuring you and your adjoining owners have one more reason to maintain a good relationship.
