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THE PARTY WALL ACT 1996
Information
in this section is not intended as a comprehensive guide to the Party Wall Act.
More detailed
information can be found at www.safety.odpm.gov.uk/bregs/walls.htm.
or by writing to:
ODPM Free Literature
The
Act recognises two main types of a party wall:
A wall is a party wall if it stands
astride the boundary of land belonging to two (or more) different owners.
A wall is a party fence wall if it
is not part of a building and stands astride the boundary line between lands of
different owners and is used to separate
those lands a (for example a garden wall). This does not include such things
as wooden fences.
The
Act also uses the expression party structure. This is a wider term,
which could be a wall or floor partition or other structure separating
buildings or parts a building's approached by separate staircases or entrances
(for example flats).
The
Act provides a building owner, who wishes to carry out various sorts of work to
an existing party wall, with additional rights going beyond ordinary common law
rights. The most commonly used rights are:
v
To
cut into a wall to take the bearing of a beam (for example for a loft
conversion) or to insert a damp proof course all way through the wall.
v
To
raise at the height of the wall and /or increase the thickness of the party
wall and, if necessary, cut off any projections which prevent you from doing
so.
v
To
demolish and rebuild the party wall.
v
To
underpin the whole thickness of a party wall.
v
To
protect two adjoining walls by putting a flashing from the higher over the lower,
even where this requires cutting into an adjoining owners independent building.
What
are your duties under the Act?
If you
intend carrying out any of the works mentioned above you must inform all
adjoining owners. You must not cut into your own side of the party wall without
telling the adjoining owners of your intentions. Although the Act contains no
enforcement procedures, starting work without serving a notice could mean your
neighbour could seek a court injunction or other legal redress.
An adjoining
owner cannot stop someone from exercising their rights given to them by the
Act, but may be able to influence how and at what times work is undertaken. The
Act also provides that a building owner must not cause unnecessary
inconvenience. This is taken to mean inconvenience over and above that which
will inevitably occur or went such works are properly undertaken.
Adjoining
owners should note that the primary purpose of the Act is to facilitate
development. In return for rights to carry out certain works, the building
owner (a person having the work done) must notify you in advance. He is made
legally responsible for putting right any damage caused by carrying out the
works, even if the damage is caused by his contract.
You
cannot stop someone from exercising their rights given to them by the Act, but
you may be able to influence how and at what times the work is done. If you
refused to respond to a notice from a building owner, he will be able to
appoint a surveyor on your behalf so that the dispute resolution procedure can
proceed without your cooperation.