Party Wall etc. Act 1996
The Party Wall etc. Act 1996
The Party Wall etc. Act 1996 enables property works to take place whilst protecting adjoining owners. The obligation is on the owner who wishes to undertake works. They must notify neighbours in writing of the proposed works. When applicable, the Act provides statutory procedures for appointing surveyors. The Surveyors then resolve matters by way of a “party wall award”. An award lists the format, the owner undertaking the work is required to adopt. It does not allow an adjoining owner to prevent a building owner from exercising their rights to conduct work under the Act, however, it does ensure that the works are performed in a manner that protects the adjoining owners’ interests.
The Party Wall etc. Act 1996 Covers Three Different Types of Work
Works directly to a Party Wall, Party Structure or Party Fence Wall
Excavations within 3m or 6m to a depth lower than the adjoining owner’s (the neighbour’s) foundations
New walls built up to, or astride, the line of junction
What is a Party Wall Notice?
Party Wall Notices are served by the property owner undertaking the construction works, or their chosen representative. The Party Wall Notice gives the neighbouring owner the legal right to select one of three Party Wall Notice responses:
1. Consent To The Party Wall Notice
This means that the adjoining owner reserves the protections of the Party Wall etc Act 1996, allowing the you (building owner) to commence with your proposed construction work.
2. Dissent And Appoint A Party Wall Surveyor To Act On My Behalf
When adjoining owner’s dissent to Party Wall Notice’s they are invoking the formalities and protections set out by the Party Wall etc Act 1996. Choosing to appoint their own Party Wall Surveyor, will make the building owner duty-bound to appoint a Party Wall Surveyor, the two appointed Party Wall Surveyors will follow the required procedures and agree a Party Wall Award legally protecting both owners.
3. Dissent And Appoint An Agreed Party Wall Surveyor
This option mirrors the second Party Wall Notice response. The only difference being, one Party Wall Surveyor acts impartially on behalf of both yourself (building owner) and the adjoining owner.
