What is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is statutory legislation that governs the rights and obligations of Building Owners who wish to carry out certain types of building work, that could affect the Adjoining Owners’ property.  These are referred to as the notifiable works. 

The Act defines the Building Owners as the party wishing to carry out the notifiable works to their property, and the Adjoining Owners as the party who owns a neighbouring property.

The purpose of the Act is to minimise potential conflict between the Building Owners and the Adjoining Owners, by clearly setting out the details of the notifiable works, and specifying how these work must be undertaken to minimise the risk of damage being caused to the Adjoining Owners’ property, including whatever safeguards are necessary in order to achieve this. 
The Act also provides a framework for dealing with further disputes should they arise, for instance, in the event that damage is caused by the notifiable works.

If you are planning any work that might affect a shared wall or boundary, or if your neighbours are planning to carry out any notifiable works to their property, Woodward Chartered Surveyors can advise you how the Party Wall Act applies to your situation. 

The Notifiable Works covered by the Act include:

Section 1 – Building on the Line of Junction

Building a new wall on the Line of Junction – the Act allows Building Owners to build a new wall on the Line of Junction (boundary)

Section 2 – Works affecting a Party Structure

Works affecting a party structure – such as removal of chimney breasts attached to a Party Wall, or cutting into a Party Wall to insert structural steel beams for a loft conversion.  Typically, a party structure will be a wall shared between two properties in semidetached or terraced houses, but may also apply to floors/ceilings between flats.

Section 6 - Excavations

Excavations within 3 metres of a neighbouring property - such as digging to create foundations for a side or rear extension.

Excavations within 6 metres of a neighbouring property – this applies for particularly deep excavations, such as for a basement.

Any of these works have the potential to cause damage to the Adjoining Owners’ property, hence why they are notifiable under the Act.  As a result, the Building Owners of the property where the work is being undertaken are obliged to serve Party Wall Notices on the Adjoining Owners prior to commencing the works.