The Party Wall Etc Act 1996 ‘The Act’:

The Act came into force on 1 July 1997 and applies throughout England and Wales (the Act does not apply to Scotland or Northern Ireland). The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls, and excavations near neighbouring buildings to enable Building owners to proceed with their intended works.

The Party Wall Etc Act 1996 makes provision for dealing with works that are or may be considered likely to affect or impact shared walls or structures or effect works to the boundary or below the ground in close proximity of any existing structures. The Party Wall Etc Act 1996 was extended from the original London Act and is designed to protect both the building and adjoining owners from potential damages or difficulties that may otherwise arise from the proposed works

Type of Notifiable Works under the Act:

Did you know, some of the most common developments fall under the notifiable sections of the Act, such examples include:

• Side / Rear Extensions;
• Loft Conversions;
• Basement Conversions;
• Internal Structural alterations involving or to a shared Party Wall;
• Chimney Breast / External Chimney Stack removal;
• Alteration, repair, or Demolish of Party Fence Wall (Shared Garden Wall);
• Replacing tiled roof covering and exposing the shared Party Wall.

The Party Wall Etc Act 1996 should always be considered if any of the further described types of works are being undertaken and there are adjoining or neighbouring properties in close vicinity of any such proposals:

1. Works to build a new wall to or astride the Line of Junction.
2. Works to excavate within 3 metres or 6 metres of the adjoining property (see section 6 of Act).
3. Work on an existing party wall or party fence wall. Various sorts of works include:

• To cut away or demolish parts of any wall of adjoining owner overhanging building owner land to enable a vertical wall to be erected.
• Demolish a partition and rebuild a party wall conforming to statutory requirements.
• Demolish arches over public passages and rebuild conforming to statutory requirements.
• Demolish party structure to rebuild with sufficient strength.
• Make good, repair, demolish and rebuild on account of defect of the structure.
• Necessary works incidental to the connection of a party structure.
• Reduce, demolish and rebuild.
• To cut away any footing or projection.
• To cut into a party structure for any purpose.
• To cut into wall of adjoining owner to insert flashing or weather proofing.
• To expose a party wall to provide adequate weathering.
• To raise a party wall fence.
• Underpin, thicken or raise.

Types of Non-notifiable works under the Act:

Works on a party wall that are so minor that service of notice is not usually necessary can include:

• Cutting into party walls to add or replace recessed electric wiring.
• Drilling into party walls to fix plugs and screws.
• New or replacement boundary fences, sheds or temporary structures.
• Re-plastering.