Party Wall etc. Act 1996

This Act came into force on July 1st 1997 and was based on Part VI of the London Building Acts (Amendment) Act 1939. This Act provides a framework for preventing and resolving disputes that may arise between neighbouring owners regarding party wall and similar matters when building works are undertaken.

If you are planning to carry out building work which may involve:

• Building on the boundary with a neighbouring property
• Work on an existing wall shared with another property
• Excavating near an adjoining building

This can include works such as the formation of a through-lounge, removal of chimney breasts, extensions and loft conversions, even if the work will not extend beyond the centre line of the party wall.

You must reach an agreement with the neighbours concerned.

You then need to find out whether the work proposed falls within the Act. If it does, you must notify all affected neighbours (in writing). This can be up to two months before you start work so you must ensure that you allow sufficient time. If you start work without having first given notice in the proper way, adjoining owners can seek redress through the Courts.

Please remember that planning permission and building regulations may still be required even if you do reach agreement with them.

Click on the Communities and Local Government link for help in relation to the Act – here.

Philip S Ryley & Co can help you interpret the Act or, if a dispute arises, take instructions as Party Wall Surveyors.

Paul Nutton is a Member of the Pyramus & Thisbe Club.