The Party Wall Act 1996 explained
The Party Wall Act 1996 came into force in 1997, so it is now law and gives you rights and responsibilities whichever the side of the 'wall' you are on i.e. whether you are planning/doing work on a relevant structure or if your neighbour is.
The Party Wall Act does not affect any requirement for Planning Permission or Building Regulation Approval for any work undertaken. Likewise, having Planning Permission and/or Building Regulation Approval does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into effect if someone is planning to do work on a relevant structure, for the purposes of the Act 'party wall' does not just mean the wall between two semi-detached properties, it covers:
- A wall forming part of only one building but which is on the boundary line between two (or more) properties.
- A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it.
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.
- Floors and ceilings of flats etc.
- Excavation near to a neighbouring property.
As with all work affecting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the intended work, consider the neighbours comments, and amend your plans (if appropriate) before serving the notice.
Please contact me to discuss any of your requirements
e-mail:- info@anthonywebster.co.uk
Telephone:- 01453 836344 or 07701 027841
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