Party Wall Act
The Party Wall etc. Act 1996 ("the Act") came into force on 1 July 1997 throughout England and Wales. If you intend to carry out building work which involves one of the following categories:
- 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 astride the boundary with a neighbouring property
(section 1 of the Act) - excavating near a neighbouring building
(section 6 of the Act)
you must find out whether that work falls within the Act. If it does, you must notify all affected neighbours.
There are instances when you will need to serve notices on your neighbours if you intend to carry out works on your own property.
If you are carrying out alterations or works to a Party Wall, then you will need to advise your neighbour and enter into a Party Wall Award. This may involve you in paying the cost of your neighbours Surveyor, if appointed.
The Party Wall Act ensures that your Property is unaffected by works carried out by the building owner and if any damage is occasioned then the building owner is under a duty to repair.
Not only are Party Walls covered within the act but if you are carrying out works to foundations eg. underpinning or constructing an extension to your Property then the Party Wall Act may apply.
Access to Neighbouring Land
Legislation has been passed which gives you access to neighbouring land to carry out essential repairs or building works on your own Property.
As with the Party Wall Act above, a notice must be served and the neighbour has the right to appoint a Surveyor to evidence the condition of the land prior to access being granted.