The Party Wall Etc Act 1996

Disputes often arise when one owner intends to carry out work that an adjoining owner perceives may risk damage to their property. This act is designed to reduce those disputes, providing a mechanism under which the planned work can be done whilst providing protection to the owner at potential risk of damage.

It is important to note that the Act does not give adjoining owners general rights to veto the development proposals, only the right to query how they are to be undertaken.

Where does the Act apply?

• Virtually all work to or affecting a wall or structure (such as a floor in blocks of apartments), which divide properties in separate ownership/occupation

• New building work at the boundary of a property, if nothing more than a boundary wall presently exists.

• Excavation for new foundations within specific distances and depths of adjacent properties

In such circumstances the procedure requires that a formal notice is served on all affected adjoining owners, i.e. this can include landlords and potentially, multiple tenants, perhaps of more than one property.

The owner/developer can serve such notices, but we suggest specialist advice would be beneficial, as there are particular requirements that need to be met for these to be legally binding.

What to do on Receipt of a ‘Notice’

Clearly, if you are not familiar with the procedures we suggest you seek expert advice, to discuss your concerns and the options available.

An ‘adjoining owner’ may:

• Agree (in writing) to the works, in which case requirements of the act are fulfilled, or,

• ‘Dissent’ to the notice and require that a surveyor is appointed to assess the proposals which could produce a procedure, an ‘Award’, to which the development must adhere.