The Party Wall etc. Act 1996
Who can be affected?
- Building Owners
The Party Wall etc Act 1996 gives absolute rights to a building owner or developer to carry out works on their land affecting a party wall or party structure.
The building owner/developer has rights to cut into the party structure, cut projections away from the party structure, underpin it and inject a DPC into it and rights to excavate for a new independent building within three to six metres of an adjoining structure, depending upon the actual detail of the works. However, if a building owner/developer exercises those rights, then they have certain responsibilities towards all adjoining owners affected by the proposals.
Initially Notices must be served in good time setting out the works and surveyors need to be appointed if there is dissent. Surveyors for both sides must act impartially as the Act demands.
The building owner/developer must not cause unnecessary inconvenience to adjoining owners because of the manner in which the works are carried out, or the time at which the works are carried out, and the two surveyors must act to ensure both parties are protected.
The Act covers the issue of reasonableness and the requirement for compensation to be paid in certain circumstances.
If you require advice concerning a party wall matter or would like more information please contact us or use the links below.