THE PARTY WALL ETC ACT 1996

What is the Party Wall etc Act 1996 and how does it affect me?

In fact, the first question a lot of people ask is "What is a Party Wall?" The Party Wall is simply the wall which divides two properties and is common to them.

If you decide that you would like to extend the property which you occupy or need to carry out some sort of alteration which will be close to or directly involve the wall which you share with the adjoining property (the party wall) it is highly likely that you will need to undertake certain procedures in accordance with The Party Wall etc Act 1996. Even if there is no party wall but the neighbouring building is within 3 metres (or in some cases 6 metres) this legislation still comes into play as this is the "etc" part of the Act. Likewise, the horizontal division between two flats is another "etc" part of the Act as it is the junction between the two flats even if it is not a wall! In fact, any work which you do to the party wall or what can be taken as the party boundary, be it an alteration or simply a repair, comes within the operation of the Act.

There are two parties recognised by the Act: the owner of the building where the work is to be done (The Building Owner) and the owner of the neighbouring building (The Adjoining Owner). An important feature of this legislation is that it confers on the building owner the right to carry out work to or near the party wall but at the same time protects the interests of the neighbouring owner. It is not an extension of the planning procedures.

The procedures under the Act are fairly straightforward but seem a bit involved with Notices having to be presented in exactly the right form and at the right time, and responses having to be received within specific periods. There is also the need for an agreed Schedule of Condition. It is best, therefore, to make use of the services of a qualified surveyor who is used to the problems involved with the legislation and statutory notice periods.

At A.P. Herbert and Associates, we can help to ease matters along and prevent the difficulties which so often occur at this time.