In this article, we will be assessing whether your neighbour’s works are notifiable in accordance with the Act.
The Party Wall etc. Act 1996 is a law that provides a framework for resolving disputes between neighbours over party wall issues, such as building works that affect a shared wall or boundary.
If your neighbour (the building owner) is planning to undertake works that are covered by the Act, they are required to give you notice.
Known as a party wall notice this needs to be served at least one month before the work is scheduled to begin. However, it’s also worth noting that in some cases service may need to be two months before works begin.
WHAT GOES INTO A PARTY WALL NOTICE?
The notice should provide details of the proposed works, including a start date, as well as any available drawings or plans. If the works include excavations (digging) drawings inclusion is a legal requirement.
HOW TO RESPOND TO A PARTY WALL NOTICE
Once you have received the notice, you have 14 days to object to the works or to appoint a party wall surveyor to act on your behalf.
SCHEDULE OF CONDITION
If you object, the party wall surveyor will then carry out a schedule of condition of the party wall and other areas of your property in close proximity of the works.
This acts as a pre work record, protecting you should there be a belief of damage in the future.
PARTY WALL AWARD
Following the schedule of condition, the party wall agreement also referred to as a party wall award, will be drafted by the party wall surveyor and agreed with all protections being in place for the respective properties.
WORKS COVERED BY THE PARTY WALL ETC ACT 1996
SECTION 1
Under Section 1, the Act provides a building owner with the right to build a wall up to the line of junction wholly on their land.
When works fall into the realm of Section 1, the building owner is given the right of access onto the adjoining land if necessary to complete the building works.
The Act also allows the building owner to request for the proposed wall to be built astride the boundary line. This essentially would mean the wall would sit equally across two parcels of land.
However, for this to be permitted, agreement would need to be provided by the adjoining owner in this respect.
Section 1 works need to be set out within a party wall notice and served 1 month before the planned works.
SECTION 2
Under Section 2, the Act provides a building owner who wishes to carry out work to an existing party wall additional rights which go beyond ordinary common law rights.
The most commonly used rights under section 2 are as follows:
- To cut into a party wall to insert steel beams (for example to facilitate a loft conversion)
- Cut off projections from a party wall (for example, to remove a chimney breast)
- Raise the height of a party wall
- Demolish and rebuild a party wall
- Underpin the whole thickness of a party wall
- Carry our repairs to a party wall
Section 2 works need to be set out within a party wall notice and served 2 months before the planned works.
SECTION 6
Under Section 6 of the Act, a building owner has the right to excavate, or excavate for and erect a building or structure.
For these works to fall within the realm of the Act, the excavations need to be within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner.
The excavations also need to be to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.
Like Section 1, Section 6 works need to be set out within a party wall notice and served 1 month before the planned works.
NO PARTY WALL NOTICE?
All the above works mentioned would be notifiable. Therefore, If you have not received a party wall notice from your neighbour and they have started or are proposing to start works that may affect a shared wall or boundary, you should contact them to request party wall notice.
It’s important to note that not all building works will be covered by the Party Wall Act, and that not all building works will require a party wall notice.
It’s always best to consult a professional party wall surveyor or a solicitor for advice if you are unsure about your rights or obligations under the Act.