Are you the Building Owner or the Adjoining Owner?
The Party Wall etc. Act 1996 affects all building work which involves:
- Work on an existing wall shared with another property
- Building on the boundary
- Excavation near a neighbouring building
If the work falls within the Act you must serve a statutory notice on all those defined in the Act as "adjoining owners".
WHAT DOES THE ACT COVER?
- New building at or astride the site boundary line between properties.
- Various works affecting an existing party wall including extending it, underpinning, rebuilding, repairing, or reducing it.
- Excavation or construction of foundations for a new building within 3 m of a neighbouring building if work will go deeper than the neighbour's foundations.
- Excavation or construction of foundations for a new building within 6m of a neighbours building where the work would cut a line drawn downwards at 45° from the bottom of the neighbours foundations.
Under the Act, Building Owners are required to serve notice and obtain the Adjoining Owner's consent to the works. If consent is not provided a dispute is deemed to have arisen and Surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Award.
Roger Hannah & Co has a wealth of property related experience and regularly act on behalf of building owners and adjoining owners in respect of party wall matters.
To be clear whether works fall within the Act, contact the Party Wall team.
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