Party Wall

The Party Wall Etc Act 1996 extended the provisions of Part IV of the London Buildings Act 1939, to the rest of England and Wales. The original London Act was designed to make it easier for neighbours to carry out building works in close proximity to each other and provided a framework for disputes. These provisions were extended to the rest of the country in 1997 and now apply to all properties in England and Wales.

In basic terms the Act requires building owners to serve notice on their neighbours where they are; building on or up to a ‘virgin’ boundary line; carrying out works to a wall or structure built on the boundary line or excavating for any purprose in close proximity to their neighbour's property.

For works to an existing party wall or structure the building owner is obliged to give two months notice and for the other two categories one month’s notice is required.

The adjoining owner can either consent or dissent to this notice. By dissenting this does not prevent the works from going ahead but does start the dispute procedure of the Act.

Under the dispute procedure both sides are obliged to appoint a surveyor, or to agree in the appointment of a single surveyor. The surveyor or surveyors are then obliged to act independantly to ensure that the rights of both parties are protected. This is achieved by the preparation of the Party Wall Award document.

The department for Communities and Local Government publishes a useful guidance document which deals with these matters in more detail.

The Building Consultancy team are experts in the provisions of what can be a very complex Act and are happy to assist with the whole process from the preparation of initial notices to dealing with a dispute. We always seek to be proactive and aim to achieve the most practical and economic solution to your Party Wall problem.

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