The Party Wall etc. Act 1996 is a piece of legislation that provides a framework in which disputes relating to Party Walls can be resolved without expensive legal action. It enables the Building Owner to undertake certain works to Party Walls or Party Structures, but also offers protection to Adjoining Owner(s).
The Act controls all works to Party Walls, Party Fence Walls and excavations within 3 or 6 metres of neighbouring properties.
It is advisable to engage with a professional Party Wall Surveyor as early as practical in order to understand the project and identify whether The Party Wall etc. Act 1996 applies. If the Act does apply, then the Building Owner is initially required to serve Party Wall Notice(s) to any Adjoining Owner(s) prior to commencement of the work. Further steps may be necessary depending on whether agreement can be reached with the Adjoining Owner(s).
It depends.
If you are building on the ‘line of junction’ (essentially, the boundary between two properties), are making certain amendments to a Party Wall / Party Structure, or are excavating to certain depths within a certain distance from adjoining properties, then The Party Wall etc. Act 1996 will apply.
The Party Wall etc. Act 1996 identifies the parties as the Building Owner and the Adjoining Owner. The Building Owner is the person proposing to undertake works to their property, whereas the Adjoining Owner is any person who’s property will be affected by the works. There can be many different Adjoining Owners, depending on the location and nature of the works.
If your proposed works fall within the remits of Sections 1, 2 or 6 of The Party Wall etc. Act 1996 then yes, you will need to serve a Party Wall Notice.
For works under Sections 1 and/or 6 of The Party Wall etc. Act 1996, you are required to give at least one months’ notice before commencing works. For works under Section 2, you are required to give two months’ notice.
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Not always. If the Adjoining Owner consents to the proposed works identified in the Party Wall Notices, then there is no dispute under The Party Wall etc. Act 1996 and a Party Wall Award is not required.
The Building Owner may prepare and issue Party Wall Notices by him/herself and does not necessarily need a Party Wall Surveyor if the proposed works can be agreed with the Adjoining Owner. However, in the event of a dispute under The Party Wall etc. Act 1996, the Building Owner is required to appoint a surveyor.
It is recommended however that in all cases, a surveyor is engaged to ensure the correct processes are followed.
We cover all aspects of Party Wall matters, including initial advice and appraisal of the proposed works, identifying Adjacent Owner(s), issuing Party Wall Notices and preparation and agreement of Party Wall Awards.
We offer competitive fees benchmarked against industry standard, starting at £100 per Notice and £1,100 for a Party Wall Award.
