Disputes regarding boundaries often become a contentious subject between neighbours.
The Party Wall etc Act 1996 provides a framework for governing building works undertaken by neighbours who share a boundary in England and Wales.
This act, in its framework:
- Outlines rights and statutory obligations of neighbours undertaking works to their property and to their adjoining neighbour(s).
- Details the types of works covered under the act from excavations near neighbouring property to works on existing walls.
- Sets out essential notice requirements and the procedure of resolving disputes between neighbours in respect of works covered under the act.
The act was introduced due to building works by one property owner having the potential to not only cause damage to neighbouring property but also the potential to interrupt adjoining owner’s use and enjoyment of the party structure.
What constitutes a party wall??
The act, under Section 20, differentiates between a ‘Party Fence Wall’, a ‘Party Structure’, and a ‘Party Wall’.
A ‘Party Fence Wall’ is a wall that stands on the boundary, but has no buildings attached to it. A classic example being a garden wall. It is key that the wall must sit on the boundary, as a wall built entirely on one persons land is not a ‘Party Fence Wall’ within the meaning of the act. The act itself, however, does not apply to ‘wooden fences’.
A ‘Party Wall’ is most recognisable as a wall that forms party of the property of the person who seeks to undertake works to the wall and stands on a boundary between the building owner’s land and neighbouring property. Such a wall may form part of one building, or two or more separate buildings. A common example might be the wall dividing properties in semi-detached/terraced houses.
A ’Party Structure’ is a wide term which is applicable to horizontal structures, such as floors/ceilings between flats/maisonettes. ‘Party Structures’ often include chimney stacks and in certain cases roofs. This inclusion ensures comprehensive legal protection, reducing potential disagreements over structural work carried out by neighbours.
Importance of recognising party walls and structures
It is imperative for homeowners planning to undertake building works to be aware of the act’s provisions. Legally required notices must be issued to neighbours before commencing certain types of work on party structures or walls.
Failure to adhere to these requirements can result in legal consequences, including injunctions (a Court order to prevent/or stop works) or compensation claims by neighbouring property owners.
There are different notice sections for carrying out works to existing party walls/structures including reducing the height of a wall (Sections 2 and 3 of the act) or building new ‘party walls’ (Section 1 of the act) or building within a certain distance or carrying out excavation works within a certain distance of walls/buildings (Section 6) or building ‘special foundations’.
Seeking professional guidance
The complexity of the provisions of the act often necessitates expert legal advice. Engaging qualified surveyors and solicitors is recommended to ensure compliance with the requirements of the act.
Obtaining professional expertise can also identify before works are carried out whether such works are likely to be encapsulated within the framework of the act and ensure the project remains compliant from start to finish, as well as resolving any disputes that arise quickly and amicably thereby minimising disruption. Contact us today on 0161 696 6178 to speak to our specialist solicitors.
Clearly understanding the definitions and implications outlined within the act is essential for homeowners and property developers alike. By recognising the responsibilities and protections, individuals can proceed confidently with renovations and construction works and in compliance with the act, with the added benefit of seeking to maintain position neighbour relations throughout.
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