07 Neighbourly Matters Flashcards
What is the controlling legislation applicable to party walls?
Party Wall etc Act 1996
What year was the Party Wall etc Act introduced?
1st July 1997
What is the purpose of the Party Wall etc Act?
The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings, that may otherwise constitute trespass or nuisance
When does the Party Wall etc Act come into play?
The Act covers:
- Proposals to erect a new wall at a boundary that is not already built on (Section 1)
- Various work proposed directly to an existing party wall or structure (Section 2)
- Excavation within 3 or 6 metres of a neighbouring building or structure, depending on the depth of the hole or proposed foundations (Section 6)
What are the different types of party structure?
- A wall that stands astride the boundary of land belonging to two or more different owners
- ‘Party fence walls’ (e.g. a garden wall), but not things like wooden fences
- A wall that stands wholly on one owner’s land but used to separate two or more owners’ buildings
- Any wall, floor partition or other structure separating parts of buildings approached by separate entrances or staircases (e.g. flats)
Define an ‘owner’ for the purposes of the Party Wall etc Act.
An ‘owner’ is anyone:
- Holding a freehold title, or
- Holding a leasehold title for a period exceeding one year, or
- Under contract to purchase such a title, or
- Entitled to receive rents from the property
Under what circumstances may the Party Wall etc Act not apply?
- Minor works that will not affect the structure of the wall or cause damage to the Adjoining Owner’s side (e.g. replastering, shallow chasing for electrics, screws/plug for shelving etc.)
- Works under Section 2 provided written consent is obtained from all Adjoining Owners before work commences
- Land situated in inner London which is an interest belonging to certain Temples named under Section 18 of the Act
What different party wall notices are there?
- Section 1 - Line of Junction Notice
- Section 3 (for Section 2 works) - Party Structure Notice
- Section 6 - Notice of Adjacent Excavation
What must be contained within a Line of Junction Notice?
- An indication of the Building Owner’s desire to construct a wall
- A description of the wall
What time frames are associated with a Line of Junction Notice?
- Must be served at least 1 month prior to work commencing
- If the Building Owner wishes to build on both lands, he needs written consent from all Adjoining Owners within 14 days of serving the notice
- If the foundations of the proposed wall project onto the Adjoining Owners’ land but the wall itself is wholly on the Building Owner’s land, then unless the foundations are ‘special foundations’, the Building Owner can proceed without written consent from the Adjoining Owner and has between one and 12 months from the date he served the notice to complete the works
What happens if an Adjoining Owner does not consent to a Line of Junction Notice?
If the Building Owner does not receive consent, he can only build the wall wholly on his own land
If a Building Owner wishes to construct a wall, the outside face of which is located inboard of the boundary line but the foundations straddle the boundary line, is a party wall agreement necessary?
There is no requirement for consent if the Building Owner chooses to build a wall wholly on his own land (unless the foundations are deemed as ‘special foundations’ under the Act), but he must still serve notice
What is a ‘special foundation’ and does the Party Wall etc Act give the Building Owner rights to place one on the Adjoining Owner’s land?
- ‘Special foundations’ are defined under the Act as an assemblage of beams or rods employed for the purpose of distributing any load (e.g. reinforced concrete foundation / underpin)
- The Building Owner must have consent from the Adjoining Owner before such foundations are installed
What must be contained within a Party Structure Notice?
- The name and address of the Building Owner
- The nature and particulars of the proposed work
- The date on which the proposed work will begin
What time frames are associated with a Party Structure Notice?
- Must be served at least 2 months prior to works commencing
- The Adjoining Owner has 14 days from the party structure notice to serve a notice of consent
- The Building Owner’s notice will cease to have effect if the work has not begun within 12 months of serving the notice and if the work is not executed with due diligence
What options do Adjoining Owners have when served with a Party Structure Notice?
- Serve a notice of consent within 14 days of the party structure notice
- Dissent, either by serving notice of dissent or by not consenting within 14 days
- Serve a counter-notice within one month of the party structure notice
What is the purpose of a counter-notice?
If the Adjoining Owner requires additional works to be carried out, such as chimney breasts, piers etc. or deeper/stronger ‘special foundations’, he can request them
Within what period must a counter-notice be served?
Within one month of the party structure notice
Under what circumstances will a Notice of Adjacent Excavation apply?
- 3m rule - the excavation is within a horizontal distance of 3m to any part of the Adjoining Owner’s structure and any part of the excavation within the 3m extends below the bottom of the Adjoining Owner’s foundations
- 6m rule - the excavation is within a horizontal distance of 6m to any part of the Adjoining Owner’s structure and any part of the excavation within the 6m will cut a line drawn downwards at 45 from the bottom of the Adjoining Owner’s foundations starting in line with the building’s external face
Using a sketch, explain the 3 metre rule.
Using a sketch, explain the 6 metre rule.