The Party Wall etc. Act – A Guide for Homeowners
If you are planning to undertake any building work, particularly if it involves a party wall, then it is essential that you are familiar with the Party Wall etc. Act 1996. This act provides a framework for resolving disputes that may arise between neighbours in relation to building works.
What is a Party Wall?
A party wall is a wall that separates two adjoining properties. It can be a wall that sits on the boundary between the two properties or a wall that is entirely on one property but used by the other property.
What is a Party Wall Agreement?
A party wall agreement is a document that sets out the rights and responsibilities of the owners of each property in relation to the party wall. If you are planning to undertake work that affects a party wall, then you will need to serve notice on your neighbour at least two months before work is due to commence.
If your neighbour agrees to the works, then a party wall agreement can be drawn up and signed by both parties. This will set out the details of the proposed works and the rights and responsibilities of each party.
If your neighbour does not agree to the works, then a dispute resolution procedure will need to be followed. This will involve appointing a surveyor to act on behalf of each party, who will attempt to resolve the dispute.
What Works are Covered by the Act?
The act covers a wide range of works including:
– Adding a new wall
– Cutting into a party wall
– Removing a chimney breast
– Underpinning a party wall
– Excavating within three to six metres of a neighbouring property
– Building a new wall on the boundary
If you are planning any of these works, then it is essential that you understand your responsibilities under the act and serve notice on your neighbour in advance.
What are the Benefits of a Party Wall Agreement?
A party wall agreement can help to avoid disputes between neighbours by setting out the rights and responsibilities of each party in advance. This can help to ensure that the work is carried out smoothly and without any unnecessary delays.
In addition, a party wall agreement can provide protection for both parties in the event of any damage being caused to the property as a result of the work. This can help to avoid costly legal disputes and ensure that any damage is dealt with fairly.
Conclusion
If you are planning any building works that involve a party wall, then it is essential that you are familiar with the Party Wall etc. Act 1996. By understanding your responsibilities under the act and serving notice on your neighbour in advance, you can help to avoid disputes and ensure that the work is carried out smoothly. A party wall agreement can provide protection for both parties and help to ensure that any damage is dealt with fairly.
