AN INSTANT and Easy Introduction to The Party Wall Etc Act 1996

Click here  find the thought of dealing with party wall issues a daunting prospect. The Party Wall Etc Act has many connotations, so it's no surprise a large number of people have problems with it.

Things can become even more convoluted in major cities like London, that have many period properties and buildings in close proximity to each other. It is vital these issues are handled properly.

Explaining the Party Wall etc Act 1996

The Act provides rights and responsibilities whichever side of the 'wall' you are on. For the party undertaking the work the Act provides for rights not afforded by common law, such as for example access onto the neighbours land to carry out some or all the proposed works, or provide temporary works (e.g. scaffolding) during the course of the works.

You should understand the Act whether it is you or your neighbour who proposes to carry out focus on shared or close by structures. The Act covers focus on structures such as shared walls, floors/ceilings of flats, garden walls, and excavations near a neighbouring property.

The general principle of the Act is that all work which might have an effect upon the structural strength or support function of a celebration wall or may cause damage to the neighbouring side of the wall must be notified.

Some of work covered by the Act is listed below:

Demolishing and/or rebuilding a party wall.
Increasing the height or thickness of a PW
Cutting in to the PW to take load bearing beams.
Underpinning a PW.
Excavations within 3 metres of a neighbouring building where the excavation will go below underneath of the foundations of the neighbouring building.
Excavations within 6 metres of a neighbouring building where in fact the excavation will go below a line drawn 45� downwards from underneath of the foundations of the neighbouring building.

Work that is not included in the Act includes adding shelves and wall units, replastering and electrical rewiring.

If your planned work on an existing structure falls under the Act, you need to then issue a notice to all or any affected neighbouring parties. The neighbouring parties must then decide if they wish to dispute the notice or not.

Much like all work affecting neighbours, it is always better to reach an agreeable agreement. Even where the work takes a notice to be served, it is better to informally discuss the intended work, think about the neighbours comments, and if practical amend your plans accordingly.