Party Wall Act
The Party Wall etc. Act 1996
The Party Wall etc., Act 1996 extended, in effect, throughout England and Wales, a procedure for dealing with party walls, which had previously only pertained in the Inner London Area.
It may be that your own proposals involve works covered by the Act. In this event you may find the following of some interest.
The Act defines, among other things, the rights of owners and the duties of their surveyors in the event of a dispute arising with regard to an existing party wall. An owner cannot do what he likes with his own part of the wall and yet he can use his neighbour's part without permission, very often indeed in the face of his determined opposition.
There is one Section of the Act which commonly applies, when substantial works are undertaken to terraced houses, and this Section 2 of the Act.
Put simply, the rights of an owner under Section 2 of the Act, might be summarised as follows:
To use the part of the wall belonging to his neighbour almost as if it were his own and to raise on it, cut into it or thicken it, etc., to suit himself.
Before exercising any rights conferred under the Act, the Building owner must serve Notice on all adjoining owners. The Building Owner should try to find out what interests there are in an adjoining property and serve separate Notices on each.
The period of Notice is two months for anything affecting a Party Wall or structure and no special form of Notice is required. The Notice must simply state the kind of work proposed and when it is going to start and a letter giving the particulars required by the Act would suffice.
Silence in answer to a Notice after 14 days have elapsed, is deemed to be dissent and at that time the adjoining owners are required to appoint Surveyors, generally, at your expense.
The subsequent role of the Surveyors is circumscribed by the Act.
The Act does provide for the appointment of an agreed Surveyor, i.e. one that can act for all parties, thereby effecting some economy of cost.
A further section of the Act; Section 1, is often invoked where a Building Owner wishes to construct a new party wall; perhaps in conjunction with the building of an addition to the side of his or her own property.
In such cases, the Adjoining Owner has the right to veto the building of a new party wall, in which event the wall must be built entirely on land owned by the Building Owner.
There are, however, substantial advantages to the neighbours in permitting the construction of a party wall.
Firstly, they might subsequently use that wall themselves, albeit after making a financial contribution. Secondly, they would have some control over how the wall in question was finished. In the event that the wall were built entirely within your property then they could have no such control.
Suffice to say at this juncture that if the consent of the adjoining owners can be obtained to the construction of such a wall then the said wall might be to the advantage of both parties.
We have considerable experience in dealing with the Act and its effects, so feel free to contact us with your queries, as we would be happy to provide initial information, freely.