THE BASICS

The Party Wall etc. Act 1996 was implemented in order to provide a framework to enable, not prevent construction projects from happening. But it acknowledges the fact that if a boundary or a wall is shared, there must be a process in place that protects and safeguards the rights of both owners if one of them wishes to carry out works that may affect the other.

Put simply, the Act requires that if the owner of a property (Building Owner) carries out any of the following works they will need to inform all affected neighbours (Adjoining Owner) of the intention to do so by serving the correct notices. These works are:

BUILDING ALONG THE LINE OF JUNCTION (OR BOUNDARY)

SCENARIO 1

BUILDING ALONG THE LINE OF JUNCTION (OR BOUNDARY)

The construction of a new wall touching or centred on the boundary line between the Building Owner and Adjoining Owner.


WORKS AFFECTING THE PARTY WALL

SCENARIO 2

WORKS AFFECTING THE PARTY WALL

Any major works to the Party Wall (the wall separating the two properties) such as the insertion of a beam for a loft conversion.


EXCAVATIONS NEAR A NEIGHBOURING STRUCTURE

SCENARIO 3

EXCAVATIONS NEAR A NEIGHBOURING STRUCTURE

Excavation works for the construction of a foundation within a specified distance or depth from the adjoining property.

What happens next depends on who you are: