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The Party Wall etc
Act 1996 came into force on 1st July 1997.
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The Act applies to all "Party"
structures whether they are garden walls, buildings or ever
floors within a building. The Act also applies to excavations
on the land of one owner, which extend below the bottom of the
foundations of an adjacent owner's building, which is within
3metres of the excavations.
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The two basic definitions of
a party wall according to the Act are as follows: -
- A wall standing on the land of two owners to a greater
extent than simply the projection of the foundations.
- A wall, which separates the building of two owners. (Whether
or not it straddles the boundary).
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The purpose of the Act is to allow
each owner to treat the wall almost as if it were his
own. Each owner is now entitled to carry out maintenance, improvements
and alterations to the Party Wall. This may include building
on it, cutting into it, thicken it and in some cases even demolishing
it.
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In order to make use of these Rights,
it is important that the requirements of the Act are fully complied
with. A comprehensive set of notices need to be issued within
certain time frames. These are clearly described in the Act,
which is available to read on the Internet.
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(See hyper link at the bottom of
this page).
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The Act requires that adequate notice
and details of the proposed works are given to the adjoining
owner(s) in writing usually at least 2 months before the works
are due to commence. This is to give the affected adjoining
owner(s) adequate time to examine the information regarding
the proposed works and raise any concerns they may have. A suitably
qualified surveyor may be necessary to resolve any potential
disputes. Usually, however, the Act should provide a useful
mechanism for allowing a Party wall owner to carry out works….
and for the other owner(s) of the Wall to be kept informed about
the proposed works.
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Useful links to other sites:
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Details
The Party Wall etc Act 1996 online
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