The Party Wall etc. Act 1996 is a crucial piece of legislation that governs construction work involving shared walls, boundary walls, and excavations near neighbouring properties. It applies throughout England and Wales and aims to prevent or resolve disputes related to party walls and similar structures. If you’re planning construction work that affects a shared wall, you’ll need to notify your neighbours in advance, even if the property is owned by the Crown or government.
The Act also applies when you’re doing work to an existing party wall, such as cutting into the wall for a loft conversion or raising the wall to add another storey. Failing to follow the procedures outlined in the Act can result in legal action, so it’s important to be informed before beginning any work.
What Types of Work Are Covered Under the Party Wall etc. Act?
The Party Wall etc. Act 1996 covers a wide range of construction work, including:
- Alterations to an existing party wall (e.g., inserting beams, removing chimney breasts),
- Building a new wall astride the boundary line between two properties,
- Excavating near a neighbouring property, depending on how close and deep the excavation will be.
It’s important to note that the work may fall under multiple categories, and each type of work requires specific procedures to follow. If you’re unsure whether your planned work is covered by the Act, it’s advisable to consult a professional.
Understanding Party Walls Under the Act
A party wall is a shared structure between two or more properties, and the Party Wall etc. Act 1996 defines two types:
- Party Wall Type A: A wall that straddles the boundary line and serves both properties. This includes walls that separate buildings or consist of a party fence wall (e.g., a masonry garden wall).
- Party Wall Type B: A wall that stands entirely on one property but is used by others to separate their buildings.
The Act also refers to party structures, which could include walls, floors, or any feature separating buildings or parts of buildings (e.g., flats).
If you’re unclear about whether the wall you’re working on qualifies as a party wall, it’s essential to consult with a professional.
How to Serve a Party Wall Notice
When you intend to carry out work on a party wall, boundary, or near a neighbouring property, you must serve a Party Wall Notice. This gives your neighbours the chance to approve or contest the proposed work. If no objections are raised within the specified timeframes, work can proceed.
You’ll need to serve the notice at least one month before excavation work and two months before work on a party wall. If the Adjoining Owner does not respond within 14 days, the situation is treated as a dispute, which will require a surveyor to step in and help resolve it.
Resolving Disputes Under the Party Wall Act
If a dispute arises under the Party Wall etc. Act 1996, either due to disagreements about the proposed work or objections from the Adjoining Owner, a surveyor will step in to resolve the issue. The surveyor’s responsibility is to create a Party Wall Award, which sets out how the work should be carried out, including any protective measures to prevent damage to the neighbouring property.
It’s possible for one surveyor to be appointed by both parties, or for each party to appoint their own surveyor. If the two surveyors cannot agree, a third surveyor will be chosen to make an impartial decision.
Dispute on your project?
The Simple Survey team can help you navigate disputes and ensure a fair resolution. If you’re facing a dispute, contact us at team@simplesurvey.co.uk for professional support.