Party wall act
Generally the walls that surround property and
fields are erected and maintained by the land owner. These are
erected to provide security, privacy and to mark boundaries between
different landowners.
The Party
Wall Act 1996 came into effect on 1 July 1997 throughout
England and Wales. 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.
The Act has implications for all building
owners intending to carry out work which involves:
- Work on an existing wall shared with another
property
- Building on the boundary with a neighbouring
property
- Excavating near a neighbouring 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 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 commence work without having first given notice in the proper
way, adjoining owners may seek redress through the Courts.
This Act is independent of the Building Regulations and Planning
legislation. Neither Building Control nor Planning can act on your
behalf concerning these matters. If you are not sure whether the
Act applies to the work you are planning you should seek
independent professional advice.
A free publication – The
party Wall, etc Act 1996 – Explanatory Booklet is
available to download from the Communities website, and is
also available from our administration team on 01992 785566,
or by email: buildingcontrol@broxbourne.gov.uk