FAQ’s
Q. What does the Party Wall etc Act do?
A. The Party Wall etc Act of 1996 entered into force of law on July 1, 1997 throughout all of England & Wales. The Act was based on London Building Acts which were found to be successful for many decades before it was extended to apply to all of England and Wales. It is intended to foster development while still protecting the rights of adjacent property owners. The Party Wall etc Act created a framework for resolving party wall disputes in relation to certain aspects of construction, renovation, and excavation with the purpose of avoiding court action and often expensive and costly delays.
Q. What does the Party Wall etc Act cover?
A. The Act covers various construction related work to be carried out on existing party walls or structures, boundary walls or lines between properties, or excavation within 3 to 6 metres of a neighbouring building, structure, or wall, depending on the depth of the proposed excavation and the types of building foundations involved.
Q. What is the definition of a party wall?
A. A wall is defined as a ôparty wallö under the Act if it stands on both sides of the boundary line which delineates land owned by at least two different owners and the wall is used to separate said land. Note that wooden fences do not fall under the definition of a party wall under the Party Wall Act of 1996. A wall separating dwellings is also a party wall. A floor separating two dwellings is a party structure and is also covered by the Act.
Q. How long in advance do I have to serve the party wall notice?
A. Party Structure Notices need to be served at least 2 months before the Building Owner intends to start the work that is the subject of the Act. Notices relating to excavations should be served at least 1 month before work is started.
Q. Does the Party Wall Act affect ownership of my party wall?
A. The Act does nothing at all to impact the ownership of any wall. Neither does it change the position of any property boundaries. Each owner of adjacent properties will continue to own their respective halves of the party wall and the location of the boundary will still be through the centre of the wall. It will probably help all parties concerned to understand the intentions of the Party Wall etc Act if each owner considers themselves as joint owners of a whole party wall, as opposed to sole individual owners of a half of it. Each owner has the right of support and protection of the entire wall – they share it.
Q. Can the Act help resolve a boundary dispute?
A. No, the Party Wall etc Act does not provide any facilities by which an existing boundary line dispute can be resolved. Any disputes of that nature should be settled through the proper court jurisdiction or through alternative resolution options such as arbitration, mediation, or independent research. Alternative dispute resolution venues like these can often be easier, faster, and cheaper for both parties involved. The RICS offer a service whereby they will refer you to an expert Surveyor who deals with such matters.
Q. Can the Party Wall etc Act supersede common law rights?
A. Yes. The Party Wall Act may supersede common law rights in certain circumstances. It will not do so in relation to construction works not specifically covered by the Act, and not unless all of the proper notices have been given and all other procedures have been properly implemented.
Q. Must the building Owner initiating work wait for one to two months after serving notice on neighbours before proceeding?
A. Work may begin early as long as all relevant Adjoining Owners agree in writing to the Party Wall Notice, or in the case of Award agreement to start is defined as earlier.