Quantcast
Channel: law4all » Uncategorized
Viewing all articles
Browse latest Browse all 8

Party Wall Act

$
0
0

Party Wall Act

What is the Party Wall Act?

Brought into force in 1997 the Party Wall Act 1996 applies to particular building or structural work which will take place either on or close to a boundary shared by neighbours.

As well as covering the owner’s rights the Party Wall Act also provides the adjoining owners with a certain degree of protection should they experience damage to their property in the process.

What does the Party Wall Act Cover?

The term ‘Party Wall’ can be quite confusing and misleading and many think it refers to just the shared wall that separates two adjoining properties as in semi-detached properties, however, this is not the case.

Below are all the aspects that the Party Wall Act covers:

  • A garden wall which is not part of a building but sits on or against the boundary line and separates the properties
  • A wall which is part of just one property but sits on the boundary line between two or more properties
  • A wall common to at least two properties which is used by both property owners, even if the wall is owned by only one property owner.
  • Ceilings and floors of flats where one owner’s ceiling is another owner’s floor and vice versa
  • Excavation work near a neighbouring property

Work which will Require a Party Wall Notice

Any work which may affect the neighbouring properties or the support and structure of the party wall will require a party wall notice and permission from all neighbours involved.

Work which will require a Party Wall Notice to be served includes:

  •  Increasing the thickness of a Party Wall
  •  Increasing the height of a Party Wall
  •  Demolishing a Party Wall
  •  Rebuilding a Party Wall
  •  Inserting any type of damp proof coarse into a Party Wall
  •  Inserting load bearing beams into a Party Wall
  •  Underpinning a Party Wall
  •  Excavating within 3 or 6 metres of a neighbouring property to depths which go below the foundations of that neighbouring property, depending on the size of the hole excavated

What does a Party Wall Notice Need to Contain?

  •  A Party Wall Notice will need to include the address of the property where the work is intended to take place
  • The names of the property owners who will be undertaking the work
  • The details of all the affected owners of neighbouring or adjoining properties
  • A brief outline of the work intended to take place
  • The intended start date
  • A statement informing all parties involved that the notice is being served under the Party Wall act and the date that the Party Wall Notice will be served
  • Drawings will also need to be included if the Party Wall notice being served is for excavation

If no Party Wall Notice has been served and a person commences the work without consent then the affected parties are well within their rights to seek legal advice and even apply for an injunction to prevent further work taking place.

Serving a Party Wall Notice

 When the work planned falls under the Party Wall Act the owner intending to carry out the work will be required to send out a Party Wall Notice to all the neighbours who will be affected by the work.

  •  The notice will need to be served on the affected neighbours at least two months before the work is due to commence.
  •  The Party Wall Notice will inform all affected neighbours of the work intended to which the neighbours will need to respond.
  • The neighbours will need to give a written response either consenting to the work or dissenting to the work within 14 days of receiving the notice.
  • If no response is received from a neighbour after 14 days then the party wall notice is put into a dispute.
  •  If the notice is put into a dispute then it may be possible to have a revised notice drawn up.
  • The owner will not be able to start any work until all neighbours involved have consented to the intended work in writing.

Viewing all articles
Browse latest Browse all 8

Trending Articles