This blog is to explain the Party Wall Act and how it can affect you.
The Party Wall etc. Act 1996
The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.
Anyone intending to carry out work of the kinds described in the Act must give Adjoining Owners notice of their intentions.
What is a Party Wall?
The Party Wall Act 1996 is a piece of legislation that aims to prevent disputes between neighbours when building work is carried out near a shared boundary, or “party wall.” A “party wall” includes any wall or structure shared between properties, such as walls in terraced or semi-detached homes, shared garden walls, or even certain floors between flats.
The Act applies to:
- Work on an existing party wall or structure, including repairs, alterations, or improvements.
- New building work on or near a boundary.
- Excavations within six meters of a neighbouring property, depending on the depth.
When Does The Party Wall Act Apply?
The Party Wall Act applies in several scenarios. Common situations include:
- Extending a property close to the boundary.
- Digging foundations within close proximity to neighbouring structures.
- Altering a shared or party wall, such as by removing a chimney breast.
- Building new walls along or on a boundary line.
If you’re planning work that may affect your neighbour’s property or the shared boundary, you’ll need to follow the Act’s procedures to notify them and, if necessary, secure their agreement.
What Are My Duties Under The Party Wall Act?
If you intend to carry out any of the works mentioned in Section 2 of the Act, you must inform all adjoining owners, by serving a notice.
What Happens If I Do Not Serve Notice?
There is no specific enforcement process for failing to serve a notice. However, if you begin work without providing notice, your neighbour could apply to the court for an injunction to stop the work.
Additionally, if you proceed with work without following the correct procedures, you risk causing significant property damage for which you may be held liable.
Understanding and following the Party Wall Act is crucial for anyone planning property work close to a shared boundary. The Act not only safeguards property owners from potential legal battles but also ensures that construction projects run smoothly and respectfully.
If you’re considering a project that might involve a party wall or boundary, consult with a professional surveyor early on. They can guide you through the process, help with serving notice, and advise on how best to proceed within the law. If you would like advice on property work and whether it falls under the Party Wall Act, please don’t hesitate to reach out to Kristy Ainge at our Worcester Office at 01905 727 712 or via email at KristyAinge@TalbotsLaw.co.uk.
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Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional.