Party Wall Act etc

Question 1

What is the Party Wall Act etc 1996?

Answer 1

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 2

What is a Party Wall?

Answer 2

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 3

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 3

• Section 1
  Proposed works; New Building on Boundary
  Notice: Section 1 line of Junction notice.
  Notice period: 1 Month
  Example: Construction of a new wall on boundary

Question 4

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 4

• 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 5

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 5

• Section 2
  Proposed works; Works to existing Party Structures
  Notice: Section 3 Party Structure.
  Notice period: 2 Months
  Example: Inserting DPC or raising party structure.

Question 6

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

Answer 6

• 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 7

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

Answer 7

• 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 8

When is serving a notice not required?

Answer 8

• 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 9

What items are included within a Party Wall Notice?

Answer 9

• 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 10

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

Answer 10

• 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.