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Party Wall etc Act 1996


The Party Wall etc Act 1996 came into force on 1st July 1997.

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.

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).

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.

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.

(See hyper link at the bottom of this page).

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.

Useful links to other sites: -

Details

The Party Wall etc Act 1996 online





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