CHARTERED BUILDING SURVEYORS

Specialising in boundaries in England and Wales- where they are and what rights exist across them. Working on the edge - facilitating construction in the urban environment, helping to maximise site use, minimise cost and delay caused by neighbours, and protecting the rights of owners of land and buildings from building works and associated activities nearby.

A Summary of the Party Wall etc Act 1996 including its transitional provisions

Outside Inner London the effective date of commencement was September 1, 1997, except for any work carried out under or by virtue of any right granted by the Act. Work started under the London Building Acts (Amendment) Act 1939 continues to be governed by that Act.

The Act applies to England and Wales except to land in Inner London in which there is an interest belonging to the Honourable Societies of the Inner Temple, the Middle Temple, Lincoln's Inn, or of Gray's Inn. It also applies to Crown land except that vested in and occupied by Her Majesty in right of the Duchy of Lancaster or vested in and occupied by the possessor for the time being of the Duchy of Cornwall.

Under the Act a building owner must give every adjoining owner one month's notice for:

1. construction of a party wall or party fence wall,
2. construction of a boundary wall on the building owner's own land,
3. excavation within three metres of an adjoining owner's building or structure and below the level of its foundations,
4. excavation within six metres of an adjoining owner's building or structure, meeting a plane drawn downwards in the direction of the excavation at an angle of forty-five degrees from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner (see section 6 of the Act).

work to a party structure or the external wall of an adjoining owner's building (see section 2 of the Act ).

The Act differs from Part VI of the '39 Act in that there are new rights (or clarification of rights), subject to conditions, for a building owner to:

1. demolish and rebuild a party structure to a lesser thickness or height,
2. insert a damp proof course in a party structure,
3. cut away or demolish parts of any wall or building overhanging a party wall,
4. cut into the wall of an adjoining owner's building to insert weather-proofing of a wall erected against that wall,
5. reduce the height of a party wall or party fence wall,

1. foundation notices now have to be served on owners of contiguous as well as independent structures,
2. foundation notices will now lead to a dispute if not consented to by notice within fourteen days,
3. a dispute arising from a foundation notice relates to the proposed construction, not just the question of underpinning or other safeguarding of the adjoining owner's foundations,
4. foundation and party structure notices both expire after twelve months,
5. exposed party structures must be weather-proofed
6. compensation is payable to any adjoining owner and any adjoining occupier for any loss or damage which may result from the carrying out of any work under the Act,
7. party walls and party fence walls can only be reduced to a height of two metres or the height currently used by the adjoining owner for enclosure and constructing a parapet if necessary,
8. expenses are presumed to be the building owner's responsibility but the responsibility for any defect or want of repair is now to be taken into account,
9. the adjoining owner has the right to require that the building owner pays for damage rather than repairing it.

1. they now have a right of entry to adjoining land after service of notice,
2. they can deem themselves incapable of acting,
3. the surveyors have to determine matters previously left to the court including security,
4. awards have to be served on the owners by their surveyors whether paid for or not,
5. an owner cannot appoint himself as a surveyor,
6. it is an offence to hinder a surveyor or building owner in exercising his right of access.

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DAVID BOWDEN & ASSOCIATES CHARTERED BUILDING SURVEYORS

27 Selby Road    London E11 3LT    UK    Tel +44 (0) 20 7377 9494

partywalls@davidbowden.co.uk

These pages ©David A Bowden BSc MRICS ACIArb 1996 - 2003
part Crown Copyright 1996 see notice

Web site first opened November 1997
Last updated June 1999