I'm planning to have building work done
What do I need to know?
Before building the dream...
You've got your drawings and plans just the way you want. Everything has been passed by local authorities. Everything seems in place to start building the dream. But before you get your builders in are you sure you do not need to provide notices to your neighbour about party wall matters? The Party Wall etc. Act 1996 legally requires that you notify your neighbour when carrying out certain works on or near the party wall..
If you have any concerns contact us for a free, no obligation consultation.
What works are notifiable?
Many people are wrong in thinking that the Party Wall etc. Act only applies when touching the actual party wall. There are three areas to consider when doing any building works with regards the Act. 1. Am I building astride (over) or right up to the boundary (known as the Line of Junction) between my and my neighbours land ; 2. Am I having to excavate for foundations or other reasons within 3 and 6 meters of a wall (including the party wall or wall of any outbuilding wall) of my nieghbour ; 3. am I carrying out any works to the actual wall adjoining my neighbour and my own property (known as the party wall) for example cutting into it for steel beams or removing of chimney breasts etc. The diagrams below give a better idea of each of these 3 areas:
Understanding 'Notifiable works' Covered By The Party Wall etc. Act 1996
Building Along the Line of Junction (Boundary)
Section 1 of the Act
If you are building on your property you have rights to build right up to the boundary (line of junction). By serving your neighbour Notice under the Party Wall etc. Act you can gain additional rights such as access to build.
Works physically affecting the Party Wall
Section 2 of the Act
Works such as removing a chimney, a chimney breast and cutting into the Party Wall to allow enable insertion of support lintels, steels or beams all require Notice to be provided to your neighbour under th Party Wall etc. Act.
Excavations Near a
Neighbouring Structure
Section 6 of the Act
If you plan to excavate within 3 metres of a neighbouring structure you will likely have to serve Notice under Section 6. Most rear extensions to semi-detached, or terraced properties, will require such excavation for foundations etc.