Introduction
This is part one of a two part article. Part two deals with the application of the Party Walls Act and advises how to deal with particular problems such as neighbour disputes and delineation procedures.
This article (part one) explains the provisions of the Party Walls Act 1996.
The act was introduced in 1996 and came into force on 1st July 1997 throughout England and Wales. It aims to avoid and resolve building disputes between neighbours. It lays down the legal rights and responsibilities of an owner and also rights of adjoining owners or occupiers who are thus affected.
Disputes arise more often in connection with external rather than internal walls. Possibly it is more difficult to move an internal wall, so there is less room for problems to arise!
Does the act apply to me?
If you intend to carry out any work, which falls under one of the following categories the act will most probably apply to you:
· Carrying out work on an existing wall or structure shared with another property (section 2 of the Act)
· Building a free standing wall or a wall of a building up to or striding the boundary with a neighbouring property (section 1 of the act).
· Making an excavation within 6 metres of a neighbouring building depending on the depth of the excavation or proposed foundations (section 6, of the act).
The legislation describes the requirements that must be given to neighbours when work has to be done to a) build a new wall, b) repair an existing wall, or c) gain access to the other property in order to fulfill points a) and b). It also covers ways in which you can resolve disputes between property owners in situations arising from the above.
Who is a property owner?
The Act applies to the real "owner" of the property involved which includes a tenant whose tenancy lasts for more than a year. The act also applies to anyone with control over a premises, and of course has relevance for all parties involved, even if they are not ‘owners’.
Details of the act
The law applies to both existing and new walls. The definition if a “wall” is not clear, however, it would cover most boundaries such as brick, concrete and stone walls. Other structures such as wooden and wire fencing might well not be covered. Hedges are certainly not walls. Hedges and ditches are covered by a different piece of legislation.
The act defines three types of “wall”;
- stands astride the boundary of land belonging to two (or more) different owners;
- is part of one building, or
- separates two (or more) buildings, or
- consists of a "party fence wall".
- is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a garden wall). This does not include such things as wooden fences.
- stands wholly on one owner's land, but is used by two (or more) owners to separate their buildings.
· a “party structure”
- This covers a floor partition between flats and maisonettes that are adjoined by separate entrances. The buildings may have been built at different times. One person might have built a wall, the other person might then construct their building against it instead of building a wall of their own.
Consultation process
Quite apart from any planning permission or compliance with other building regulations required, to comply with the act, you must also give any adjoining owners at least two months notice of your proposed work. Net Lawman advises that you do this in writing.
Net Lawman document templates relevant to this subject:
HN02 Neighbours: Boundary dispute
Letter to neighbours about boundary dispute. States that the plans have been checked and the boundaries belong to ether neighbour. Details can be inserted about the location, the boundary in dispute, and the preferred action now that knowledge of ownership has been established.
HN05 Neighbours: ‘Right to Light’ notice
Suitable for anyone with neighbours whose action may reduce the natural light to your house. May be extension, tree, etc. Asks neighbours to resolve the issue. Indicates possibility of legal action.
HS01 Builder complaint of other damage
Letter to builder stating that his work has caused other damage. Explains the builder has breached the contract and that he will have to pay compensation.
HS05 Builders’ work complaint, come and finish work
Letter to builder complaining that work is not finished to standard and that he must finish it free of charge, or pay for the cost of completion. Indicates possibility of legal action.
Other Net Lawman articles relevant to this subject:
· Walls and boundaries – rights and problems part two
· Hedges and trees - Anti-social Behaviour Act 2003
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