As a Building Owner planning construction that might affect a shared or boundary wall, it’s important to understand your legal rights and responsibilities under the Party Wall etc. Act 1996. Here, we outline the essential points regarding your rights and obligations when working on party walls, including common queries and advice.
Who Qualifies as a Building Owner Under the Party Wall Act?
A Building Owner is defined as the person or entity that owns land and intends to carry out construction or renovation works. If more than one individual holds ownership, all building owners must be named in the official Party Wall Notice.
Rights to Work on an Existing Shared Wall
As a Building Owner, the Party Wall Act grants you the right to undertake several specific tasks on a shared or boundary wall. These include:
- Repairs: You can perform necessary repairs to a shared wall.
- Structural Alterations: You are allowed to cut into the wall to insert beams, supports, or other structural reinforcements.
- Height/Thickness Modifications: Raising or thickening the wall for structural purposes is permissible.
- Installing Damp Proofing: You can add damp-proofing measures to the wall.
- Demolition and Rebuilding: If required, you may demolish and rebuild the wall.
- Removing Obstructions: Any parts of the wall obstructing your work can be removed.
- Strengthening: Underpinning or reinforcing the wall to improve stability is allowed.
Do Small Renovations Require a Party Wall Notice?
For minor tasks like installing shelves, mounting wall units, or replastering, a Party Wall Notice is generally not required unless the work affects the structural integrity of the wall or your neighbour’s property.
However, determining whether a task is substantial enough to warrant notice can be tricky. To ensure compliance, it’s wise to consult with an experienced Party Wall surveyor to clarify if your proposed work is notifiable.
Building a New Wall on the Boundary
If you plan to construct a new wall along the property boundary, a Party Wall Notice is required:
- On the boundary: You must inform your neighbour if you’re building a wall on the boundary. While they cannot prevent the construction, the wall cannot extend onto their land.
- On your land: If you choose to build entirely on your land but near the boundary, your neighbour must still be notified. They cannot object, as long as the wall remains on your property.
What About Excavation Near Neighbouring Property?
If your project includes excavation, the Party Wall Act has strict guidelines regarding proximity to your neighbour’s building:
- Within 3 metres: Written notice is required if your excavation is within three metres of your neighbour’s property and goes deeper than their foundations.
- Within 6 metres: If your excavation extends six metres from your neighbour’s structure and cuts a 45-degree line downward from the bottom of their foundations, you need to notify them.
Can My Foundations Extend onto Neighbour’s Property?
Generally, you should design your foundations so that they remain within your own land. However, if it’s necessary for the stability of your structure, you can extend them onto your neighbour’s property.
To do so, you must:
- Inform your neighbour via written notice.
- Justify the necessity of using their land.
If the use of their land cannot be adequately justified, you may need to modify your design.
Do I Have Rights to Access My Neighbour’s Property?
In some instances, the Party Wall Act grants you the right to access your neighbour’s property for construction-related purposes