The Party Wall etc. Act 1996 (‘The Act’) sets down the rights & duties of building owners carrying out any works that may affect the structural integrity or loading to a party wall or party structure and protects the interests of the neighbouring owners (Adjoining Owners).
If you intend to carry out works that fall under The Act you must serve notice on all Adjoining Owners affected by the works.
The Act requires that Building Owners must serve written notice on all Adjoining Owners at least two months prior to the intended start date of notifiable works (works that fall under the Act). These are categorised as:
- Building on or up to a boundary line.
- Carrying out works to an existing party wall or structure.
- Excavating within 3.0m or 6.0m of party structures depending upon the nature of foundations.
Relevant Notices must be served, and the Building Owner must have the Adjoining Owners’ written agreement to the proposed works prior to starting works or have a Party Wall Award in place in respect of them. If works begin without having first served Notice on the Adjoining Owners, they may seek to stop works through a court injunction.