The Party Wall etc. Act 1996

The purpose of the Party Wall Act is to put a framework in place in which party wall matters can be resolved without expensive legal action. 

It was written to assist building owners to complete their proposed work and also give protection to the adjoining owners to the extent as they may be affected.

The Act is therefore designed to enable various construction works to proceed without interference and not slow the progress of works. 

If an Adjoining Owner dissents to a notice served on them it does not mean that they can stop works, instead it means they have the right to appoint a party wall surveyor to prepare and serve an Award.  This takes into consideration the Adjoining Owner’s rights as well as authorising the time and procedure of the proposed works.

Basically the Act sets out precisely what can be done when proposed construction works have an effect upon neighbouring property.

 

The Act is applicable in the following simplified situations:

• Building on a ‘line of junction’ (boundary) that is not built upon

•  Carrying out various works to an existing party or boundary wall

• Excavating within 3m or 6m of the adjoining property