Party Wall Awards
The Party Wall Etc Act 1996 applies to property owners in England and Wales and requires that building owners intending to undertake certain works must, in certain circumstances, notify adjacent owners of their intentions.
The Act sets out a procedure that allows such works to be undertaken whilst, at the same time, ensuring that neighbouring properties are not adversely affected.
In general terms the Act applies to the following:-
- Party walls or party fence walls - defined as walls (or floors) that separate buildings belonging to different owners.
- Excavation - Where the depth or proximity of excavation (as prescribed under the Act) is such that it risks undermining the structure of an adjacent building.
- Line of junction - Certain works involving construction on the boundary line between two or more properties.
The Act is designed to minimise disputes between adjacent owners by the use of an ‘Agreed Surveyor' or 'Surveyors’ who prepare an ‘Award’ . This is a document that stipulates the timing and method of notifiable works and sets out a procedure for compensation should damage arise.
Potentially notifiable works include:-
- Building an extension or new building with a wall on the line of junction (boundary).
- Digging foundations below the footings of an adjacent building (within 3 metres)or, in certain circumstances, 6 metres.
- Cutting into a party wall eg. for a new beam to support a loft conversion.
- Inserting a damp proof course in the party wall between two properties.
Failure to comply with required procedures can render a building owner liable to action under civil law and cause unnecessary delays in the construction process.
We can provide expert advice and assistance to ensure compliance with the provisions of the Act. Please contact Paul Wisbey for more details.
