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The Party Wall Act

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The Party Wall Act of 1996 ensures that anyone undertaking an extensive home improvement project involving any shared walls or foundations, need to give their neighbours notice (in writing) before going forward with any plans. The strict definition of a party wall is a wall that ‘stands astride the boundary of land belonging to two (or more) different land owners’. The wall could be part of a building, separate two (or more) buildings, or consist of a party fence wall. It could also be a party structure, for instance, a floor partition.

The act gives cover if you’re excavating within 3 or 6 metres of a neighbouring building or structure; a new building at the boundary line between properties; or other projects that affect the existing party wall or structure. Such projects could include: to insert a damp proof course, to raise the height of a party wall, or to demolish or repair a party wall.

You generally don’t have to give any notice if the work you’re planning on undertaking is minor, such as removing old plaster and replastering, or fixing plugs and screws for shelving. What you need to bear in mind however, is what affect, whatever your project may be, will have on the structural strength and support function of the party walls. If it could cause damage you need to keep your neighbours informed.

The Party Wall Act is not something to neglect and should you fail to give notice to your neighbours (or those affected such as a landlords or freeholders) and you start work anyway, your neighbours can then prevent your work from continuing through a court injunction. A neighbour can also prevent your builders from working certain hours.

When you serve your notice, you need to include a full description of what you plan to undertake. The notice is valid for a year, so don’t wait too long to alert your neighbours, at least two months before you start the project should suffice. It’s always best to discuss the project in person before you service notice to avoid giving your neighbours any nasty surprises!

The information contained within this article is strictly for guidance only. Rated People recommends that you always check current sources of information in case regulations have changed. Rated People cannot accept any liability for miscommunication of the law in the case of a change in regulation or any action done to a property based on the information held in this article. Rated People © 2013.

 

 

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