CADZ ARCHITECTS & SURVEYORS

Party Wall Act The Party Wall etc Act 1996 applies throughout England and Wales. The Act covers: New Building works at or astride the boundary between two properties. Structural work affecting an existing shared/party wall, including repairs, alterations, extending or reducing the wall, cutting in to the wall and underpinning. This to include loft conversions and cellar excavations to provide living accommodation. Excavating, or constructing foundations within three metres of a neighbour's building where the new foundations will go deeper than the neighbour's.

Excavating, or constructing foundations within six metres of a neighbour's building where the new foundations will cut a line drawn downwards at 45 degrees from the bottom of the neighbour's foundations. Serve Statutory Notice If you are the owner proposing to have any of the above the works carried out you must find out whether the works are governed by the Act. If so, you must serve statutory notice (one or two months depending upon the works) on the adjoining owners and get agreement to the works, before you start. If your neighbours do not agree in writing, the preferred solution would be to appoint one surveyor to draw up a Party Wall Award.

If you cannot agree a surveyor, then each side should appoint their own surveyor. The Party Wall Award will set out what can and can't be done in accordance with the Act Warning: If you are the adjoining owner and receive a party wall notice, you must contest the proposed work even if you are friendly with you neighbours. If you agree the proposed work then under the Party Wall Act you have surrendered all of your rights for compensation and your only reddress will be through common law & through the county court system which will could take a long time and be very expensive. The Party wall Act 1996 only offers protection when there is dispute and is designed to prevent the need for solicitors and