Party Wall Act
Some kinds of work carried out to a property may not be controlled by the Building Regulations, but may be work which is covered by the Party Wall etc. Act 1996. This is a separate piece of legislation with different requirements to the Building Regulations. The Party Wall etc. Act makes provision in respect of party walls and excavation and construction in proximity to certain buildings or structures. There will be some instances where both the Party Wall etc. Act and the Building Regulations apply to the work being carried out.
Works to an existing party wall
Listed below are examples of some of the most common types of works carried out where notification is required under this Act.:
- Cutting in to the wall to take the bearing of a beam (e.g.to take a beam when making a though lounge, or in loft conversion).
- Raising the height of the wall and/or increase thickness of wall.
- Inserting a damp proof course.
- Underpinning the whole thickness of the party wall, along part or all of it.
- Demolishing and rebuilding the party wall.
Minor works such as installing shelves or wall units, replacing recessed electrical sockets, or re-plastering are generally regarded as not necessary for notification to neighbours.
You will need to give at least 2 months notice before commencing. The adjoining owner may agree to allow the works to start earlier.
New wall on a boundary line
If you wish to install a party fence/wall you will be required to give notice.
You will need to give at least 1 month notice before commencing. The adjoining owner may agree to allow the works to start earlier.
Excavation
You will be required to give notice if you plan to excavate and construct foundations for a new structure within 3.0m of a neighbouring property or within 6.0m if the works will cut a line drawn downwards at 45° from the bottom of the neighbour’s foundation.
You will need to give at least 1 month notice before commencing. The adjoining owner may agree to allow the works to start earlier.
Adjoining Owners
It is advisable to discuss your proposal with the adjoining owners to your property before giving any notice. After the discussion you can then inform them in writing and this must include:
- Your own name and address (Joint owners must also be named)
- Address of building to be worked on.
- Full description of the works you are proposing, which can be in drawing form.
- When you propose to start works.
Disputes
If the adjoining owners give their consent in writing within 14 days then it should generally be all right to start work on the agreed date. However, the adjoining owner may disagree in writing and have additional work they would like to you carry out or alternatively they may not reply. If the adjoining owner does not reply within 14 days then it is considered that there is a dispute.
Please note the Party Wall Act is Civil Legislation and can only be enforced by affected parties, the Local Authority cannot get involved.