The Party Wall etc Act 1996
If you are carrying out any building / repair works of any kind on a party wall or party boundary wall or excavating new foundations or digging below the level of your neighbour’s foundations within 6 metres, whether or not you have Planning Permission, then it is likely that you will need to serve an appropriate Notice on your neighbour, before starting the works. This is a legal requirement under The Party Wall etc Act 1996 which is a nationwide Act, affecting all types of property. The Act gives the building owner and adjoining owner certain rights. However, certain formalities and protocols have to be observed and these are best carried out by surveyors who are experienced in party wall work.
This provides both the building owner and adjoining owner with a degree of protection and helps to ensure building works likely to affect neighbours are properly carried out.
It is essential to include and deal with the party wall matters as early as possible in the lead up to the commencement of works, as it can take between one and a half months and two and a half months for party wall matters to be resolved before works relating to the notices can commence. Delays can mean inconvenience, frustration and expense.
If you are contemplating such work then call me to discuss your proposals first. I can deal with all the necessary formalities, starting with the service of Notices with the necessary plans and drawings. If you have received a Party Structure Notice, or Notice of Adjacent Excavation, or 3 or 6 Metre Notice or similar, from the Building Owner and are not sure what to do, please Contact Me to discuss as I can, if needed, be appointed by you to deal with the matter on your behalf. All appointments have to be made in writing.
Further reading recommended:
The Party Wall etc Act 1996 is published by HMSO and can be downloaded free of charge.
If you would like to discuss Party Wall matters please Contact Me.