A Quick and Easy Introduction to The Party Wall Etc Act 1996
Most people find the thought of coping with party wall issues a daunting prospect. The Party Wall Etc Act has many connotations, so it is no surprise a large number of people have difficulties with it.
Things can become even more convoluted in major cities like London, which have many period properties and buildings near each other. It is essential these issues are dealt with properly.
Explaining the Party Wall etc Act 1996
The Act provides rights and responsibilities whichever side of the 'wall' you're on. For the party carrying out the task the Act offers rights not afforded by common law, such as for example access onto the neighbours land to handle some or all the proposed works, or provide temporary works (e.g. scaffolding) during the works.
You should understand the Act whether it's you or your neighbour who proposes to handle focus on shared or near by structures. The Act covers work on structures such as for example shared walls, floors/ceilings of flats, garden walls, and excavations near a neighbouring property.
The overall principle of the Act is that work which might have an impact upon the structural strength or support function of a celebration wall or might cause damage to the neighbouring side of the wall must be notified.
Some of work included in the Act is the following:
Demolishing and/or rebuilding a party wall.
Increasing the height or thickness of a PW
Cutting into the PW to take load bearing beams.
Underpinning a PW.
Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45� downwards from the bottom of the foundations of the neighbouring building.
Work that is not included in the Act includes adding shelves and wall units, replastering and electrical rewiring.
If your planned focus on an existing structure falls under the Act, you need to then issue a notice to all affected neighbouring parties. The neighbouring parties must then decide whether they desire to dispute the notice or not.
As with Party Wall Surveys Stourbridge affecting neighbours, it is usually better to reach an agreeable agreement. Even where the work takes a notice to be served, it is best to informally discuss the intended work, consider the neighbours comments, and when practical amend your plans accordingly.