Welcome to the latest edition of Stokemont’s property blog series. In today’s instalment we will be looking into the Party Wall etc. Act 1996.
The Party Wall etc. Act 1996 was brought in to provide a framework to amicably prevent or solve disputes between neighbours relating to construction works that are either directly to a party wall or structure, works on the line of junction or works which require excavations within 3m of an adjoining property.
The works that fall within the remit of the Act are far and wide ranging, if a building owner is intending to build a new wall up to or astride the boundary line then this will be notifiable to all relevant adjoining owners under section 1 of the Act.
Section 2 of the Act relates to works directly to a party wall or structure, works of this nature are incredibly varied and can include carrying out repair works to existing party walls or party structures or works that involve cutting into the party wall or structure.
If a building owner is planning on carrying out excavations within 3m of an adjoining property this will fall under section 6 of the party wall act.
As a building owner if your proposed construction works fall within any of the sections described above then you are legally required to serve all relevant adjoining owners with a party wall notice.
Typical Section 1 works:
Section 1 usually comes into play when a building owner is constructing a rear extension. To utilise the space available to them it is common for a building owner to propose to build the flank wall of their extension astride the boundary line.
Essentially, this means that half of the wall will be built on the neighbouring land. In the future the neighbour will then be able to build off of this wall if they plan to construct their own rear extension in the future.
It is worth noting that if in the future the adjoining owner decides to use this wall as part of their extension they will be liable to pay a sum of monies to the building owner for the construction of the wall.
A wall of this nature falls under Section 1(2) of the Act and a building owner can only construct a wall astride the boundary line if the adjoining owner consents to their 1(2) notice).
It is also common for a building owner to propose to build a new wall – which forms part of the extension – entirely on their own land but right up to the boundary line. If an adjoining owner doesn’t consent to a building owners Section 1(2) notice, then they would only be allowed to construct a wall which falls within section 1(5) of the Act.
Typical Section 2 works:
The most common form of construction works that falls within Section 2 of the Act is a loft conversion. In order to provide support for the dormer steel beams are usually inserted into the party wall. The process of installing these beams means that it falls within Section 2 of the Act as you would need to cut into the party wall to insert a padstone which will then support the steel beam.
Typical Section 6 works:
Just like Section 1, it is also very common that if a building owner is constructing a rear extension, then this will likely fall within Section 6 of the Act. If the excavations for the foundations are taking place within 3m of any adjoining property and to a greater depth than the adjoining foundations, then this will be notifiable to the adjoining owner under Section 6.
Section 6 only applies to more permanent structures and if the excavations are taking place next to an adjoining fence or shed it would not be considered notifiable. However, if there is a brick wall which divides the two properties and excavations are taking place within 3m of the wall then this would be considered notifiable under Section 6 of the Act.
Even at the best of time the Party Wall etc. Act can be confusing so please feel free to get in contact with our team of experienced party wall surveyor who will surely put your mind at ease over any queries you may have.
