Party Walls

The "Party Wall etc Act 1996" applies throughout England and Wales.

The Act was designed to make it easier for neighbours to carry out building works in close proximity to each other and provides a framework for disputes.

In very brief terms the Act covers:

• Work on an existing party wall or party structure (Section 2)
• Building on or astride the boundary line (Section )
• Excavations within 3M or 6M of adjacent buildings (Section 6)

For works under Section 2 the Building Owner must give at least two month's notice, whilst under Section 6 one months notice is required.

The Adjoining Owner can either consent to the works or 'dissent' to the notice. By dissenting this does not prevent the works from going ahead, but does start the dispute procedure under Section 10 of the Act.

Under the dispute procedure both owners are required to appoint a party wall surveyor or agree to a joint party wall surveyor, where one surveyor only is appointed. The surveyors are required to act independently to ensure that the rights of both appointing owners are protected in accordance with the Act. Resolution between party wall surveyors is achieved by the issue of a Party Wall Award.

The award will detail:

• Which works will be carried out
• States how and when the work is to be carried out
• Specifies additional levels of protection to prevent damage
• May contain a photographic schedule of condition, recording the condition of the Adjoining Owners' property before work begins (so that any damage to the Adjoining Owners' property can be properly attributed and made good)
• Allows access for the Party Wall Surveyor to inspect the works
• Details the Party Wall Surveyor's costs

Further information can be obtained from the Office of the Deputy Prime Minister, via the following document:

Party Walls etc Act 1996 Explanatory Document

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