Party Wall Act etc

Question 2

What is the Party Wall Act etc 1996?

Answer 2

The Party Wall Act enables land and building owners to undertake certain specific works on, adjacent
to, adjoining premises while giving protection to potentially affected neighbours.
* In addition, the act provides for a mandatory dispute resolution procedure which is decided by a
statutorily appointed surveyor.

Question 3

Where can you find guidance on Party Wall ect Act 1996 - matters

Answer 3

RICS Professional Standards: Party wall legislation and procedure 7th edition, 2019

Question 4

What is s Line of junction?

Answer 4

Line of junction refers to the boundary line where nothing id standing, no wall, but where works are proposed.

Question 5

A line of junction notice is required when?

Answer 5

The following structures are to be constructed -
* a party wall
* a party fence wall or
* a boundary or external wall on the building owner’s own land up to the line of boundary.

Question 6

Section 2 generally refers to jointly owned structures and the what types of works?

Answer 6

Underpinning
-Thickening
-Raising
-Repairing
-Demolishing and rebuilding
-cutting into
-cutting away/cutting off projections
- Reducing height of
- Exposing

Answer 7

Question 8

What is a Party Wall?

Answer 8

A Party Wall is a wall standing on the land of two owners or the part of a wall standing on the land of
one owner that separates the buildings of two owners.

Question 9

Please explain your understanding of the different Sections of the
Party Wall Act, when they are relevant and what notice periods apply? - Section 1

Answer 9

• Section 1
  Proposed works; New Building on Boundry.

Notice period: 1 Month
Example: Construction of a new wall on boundary

Question 10

Please explain your understanding of the different Sections of the
Party Wall Act, when they are relevant and what notice periods apply? - Section 6

Answer 10

• Section 6
  Proposed works; Excavations near AO footings
  Notice: Section 6 Adjacent Excavations.
  Notice period: 1 Month.
  Example: If within 3m and below AO foundation; or within 6m and intersects at 45 degrees from bottom of AO foundation.

Question 11

Please explain your understanding of the different Sections of the
Party Wall Act, when they are relevant and what notice periods apply? - Section 2

Answer 11

• Section 2
  Proposed works; Works to existing Party Structures

Notice period: 2 Months
Example: Inserting DPC or raising party structure.

Question 12

Under Section 6 when is a notice required for adjacent excavations?

Answer 12

• If a Building owner wishes to excavate in order to to lay new foundations or install new drainage, if the
  excavation is a distance of 3 meters from a building or structure belonging to an adjoining neighbour, a
  notice must be served at least one month before the works are scheduled to commence.

Question 13

Under Section 6, what notices and timescales apply if the excavation
is 6m or less?

Answer 13

• If the excavation is within 6m of the adjoining owner’s property and deeper than the property in
  question, this also falls within Section 6.
• Also note that if the planned excavation falls within a plain drawn downwards at a 45 degree angle from
  the bottom level of the neighboring foundation a notice must be given at least one month before the
  works are due to commence.

Question 14

When is serving a notice not required?

Answer 14

• Notices are not required for minor non disruptive works such as:-
  o Plastering.
  o Screws.
  o Chasing in wires or plugs.
  o And when consent is received from the adjoining owner and occupiers before commencing
  work.

Question 15

What items are included within a Party Wall Notice?

Answer 15

• The Name of the Building Owners (those proposing the work).
• The Name of the Adjoining Owner (those potentially affected by the work).
• Indication that the works are notifiable under the act.
• Proposed start date of the works in accordance with notice periods required under the act.
• Addresses for correspondence.
• A description of the works.
• Drawings.
• Structural Information.

Question 16

Please explain your understanding of the procedure for serving a party
wall notice?

Answer 16

• When a notice is served the adjoining owner can:-
  o Provide written consent within 14 days from the date of the notice.
  o Provide written consent with conditions (which may be refused) in writing within 14 days.
  o Refuse consent which will commence a dispute resolution process.
  o Not respond which will result in the matter being deemed to be in dispute after 14 days.
  o Serve a counter notice requesting additional works be done at the same time which may result
  in a cost implication to the adjoining owner.
• If consent is not obtained or notice is ignored, the act facilitates the appointment of an independent
  surveyor to act on behalf on the adjoining owner.
• Where a dispute does arise, there is an agreed surveyor route available which is often the more cost
  effective route for the building owner.
• This arrangement can only be made by agreement from both parties in writing.