What Is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 came into force on the 1st July 1997 and applies to all of England and Wales. It is primarily designed to provide a framework for resolving issues relating to various building works without the need of incurring expensive legal action between neighbours.
To summarise, the Act applies when the following works are to be carried out:
Section 1 - Building on or astride the Line of Junction (The Boundary between Adjoining Owners) Which Has Not Previously Been Built upon
Section 2 - When Undertaking Various Works to an Existing Party Wall
Section 6 - When Excavating within Specific Distances of an Adjoining Owner’s Building
Examples of Work
Typical examples of works that would fall under these areas could be, but are not limited to:
Examples of Work
-
Extensions
-
Loft Conversions
-
Demolition of Party Walls
-
Underpinning of Party Walls
-
Repairs to Party Walls
-
Raising of Party Walls
-
Insertion of Damp-Proof Courses in Party Walls
-
Demolition and Re-Building of Party Walls
It should be noted that the above works also applies to Party Fence Walls and Party Structures. If a Building Owner is considering undertaking any of the above works, then the Party Wall etc. Act 1996 will apply and they will have a statutory duty to inform their neighbours by serving a party wall notice. Failure to do this could result in an Adjoining Owner applying to the court to have an injunction served in order that the works are stopped.
What Is a Party Wall?
Section 20 of the Act describes a party wall as:
A . A wall which forms part of a building that stands on lands of different Owner’s to a greater extent than the projection of any artificially formed supports on which the wall rests and;
B . So much of a wall not being a wall referred to in paragraph (a) above as separate’s the buildings belonging to different Owner’s.
