The Party Wall Act 1996 is a crucial piece of legislation that governs construction work near shared boundaries, protecting the interests of property owners. However, despite its long-standing presence, there are still many misconceptions about its application. We’re here to bust some of the most common myths and clear up any confusion you may have.
Myth 1: “It’s My Land, I Don’t Need the Party Wall Act!”
False!
Even if the land is yours, the Party Wall Act still applies if you’re working near a shared boundary. This is particularly important if you’re excavating close to your neighbour’s property. If you’re digging within 3 metres of their structure and going deeper than their foundations, the Act applies. For deeper foundations (over 6m), the distance extends to 6 metres.
Myth 2: “My Neighbour Approved, I Don’t Need To Serve A Notice.”
Wrong!
While it’s great that your neighbour is on board, you still must formally serve a notice. The Party Wall Act requires written consent from your neighbour following the official notice. Without this, your neighbour’s approval has no legal standing, and the process won’t be valid. Consent must be provided in writing after receiving the notice.
Myth 3: “Can I Issue A Retrospective Award If My Neighbour Failed To Serve Notice?”
Not so fast!
Unfortunately, the Party Wall Act doesn’t allow for retrospective notices or awards. If work has already been carried out without serving notice, you can’t retroactively get approval under the Act. The focus shifts to managing any damage or issues that arise due to the unnotified work.
Myth 4: “I Can Prevent My Neighbour From Encroaching the Boundary.”
Not exactly!
While you have the right to build up to your boundary, you can’t stop your neighbour from projecting footings beyond the boundary if it’s necessary for their work. Mutual understanding and proper communication are key, especially when planning future extensions or projects that may involve shared boundaries.
Myth 5: “I Can Deny My Neighbour Access To Conduct Their Works.”
Incorrect!
Under Section 8 of the Party Wall Act, your neighbour has the right to access your property to carry out necessary works, provided they give you 14 days’ notice. If the work falls within the scope of the Act, they must be granted access to perform the work as required.
Myth 6: “My Neighbour Didn’t Respond, So I Can Start Work.”
Wrong again!
If your neighbour doesn’t respond within 14 days of receiving a party wall notice, it’s considered dissent. This means you cannot start work right away. At this point, a party wall surveyor must be appointed to resolve the dispute before you can proceed with your project.
Myth 7: “The Party Wall Award Covers All My Building Works.”
Not always!
The Party Wall Act only covers certain types of work. It’s important to understand that not all construction or extensions are automatically included. If your project involves multiple stages or different types of work, the Party Wall Award may only apply to specific parts of your project, not the whole thing.
Get Expert Help Today!
Don’t let confusion delay your construction projects! Whether you’re unsure about your rights, need a party wall notice drafted, or are facing a dispute, our expert team at Simple Survey is here to guide you through the Party Wall Act with ease.
Need assistance? Reach out to us at team@simplesurvey.co.uk for professional advice and support today!