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The Party Wall etc Act, which came into force on 1 July 1997, applies to work which involves one of the following:-

1. work on an existing wall or structure shared with another property 2. building a free standing wall or a wall of a building up to or astride the

boundary of a neighbouring property

3. excavating near a neighbouring building (this may be 3 or 6 metres depending on the depth of the hole or foundation).

Minor works on a party wall are usually considered to be too trivial to come under the Act. Examples of minor work include:-

1. drilling into your own half of a party wall to fix plugs and screws for ordinary wall units or shelving

2. drilling into your own half of a party wall to add/replace recessed electric wiring and sockets

3. re-plastering.

The key point is whether your planned work might have consequences for the structural strength and support functions of the party wall.

The rights and obligations as an owner or occupier as set out in the Party Wall etc Act 1996 are summarised below.

If a new party fence wall is to be built

As Building Owner

 You must serve notice on the owner of the adjoining land, and you must have written agreement before you can proceed. Usually but not necessarily, the wall will stand centrally on the boundary line with ownership and expense shared.

As Adjoining Owner

 If you give your written consent, the wall will be classed as a party fence wall.

 If you do not give your written consent, then the wall cannot be built as a party fence wall shared between property owners.

If a new wall is to be built up to the boundary line

As Building Owner

 You must serve notice on the owner of the adjoining land, but you do not have to receive written consent before you can proceed. You build on your own land.

 You are entitled to project a simple strip foundation for this wall on to the adjoining land without further notice or consent, but you must be prepared to pay compensation for any damage

July 2014 (Issue 3a) Page 92 of 186 which is caused.

As Adjoining Owner

 Although the Building Owner is obliged to serve you notice of his intention to build, he does not need your consent to construct the wall on his own land.

 He has the right to protect the foundations for the wall on to your land, but you can expect to receive compensation for any damage caused. In the event that the foundations are anything other than simple strip concrete, your consent will be required before work can proceed.

If a party wall is to be demolished, rebuilt, extended or repaired

As Building Owner

 You have a legal right to carry out any of the types of work which are listed in Section 2 of the Act.

 You must serve a Party Structure Notice on each Adjoining Owner or Occupier who might be directly affected.

 You must have written consent from each Adjoining Owner or Occupier before you can proceed, except in an emergency, e.g. when complying with a Dangerous Structures notice. As Adjoining Owner

 You will be served by a Party Structure Notice describing the proposed work. You should then either give your written consent or serve a counter notice on the Building Owner in which you can state the requirements which need to be satisfied before work can proceed.

 If you do not act, you will be deemed to be in dispute with the Building Owner, and you must then appoint a surveyor.  When it is agreed that work can proceed, the cost of the work

will be shared between the Building Owner and each Adjoining Owner proportionally as agreed beforehand, or as set out in the Act. You will be expected to pay the cost of any work which has been instructed principally for your benefit.  The Building Owner is responsible for making good any

damage to your property caused by carrying out the work. If a new building is to be

constructed near the boundary

As Building Owner

 You must serve notice on any adjoining land on which there is an existing building or structure within 6 metres of your proposed work, and where your new foundations will be taken down lower than those of the existing.

 You must show what steps you propose to take to underpin or otherwise strengthen and safeguard your neighbour’s existing building.

As Adjoining Owner

 You will be served a notice to which you should either give your written consent or serve a counter notice on the Building Owner. In this you might specify what requirements must be met before consent will be forthcoming.

July 2014 (Issue 3a) Page 93 of 186  You can require the Building Owner to underpin or otherwise

strengthen and safeguard your existing building, if it is within 6 metres of the proposed work and the foundations will be lower than yours. This will all be at the Building Owner’s cost.  If you give your written consent, it will be valid for a period of 12 months only, and on condition that the work is carried out diligently.