The Party Wall Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

A property owner considering undertaking any of the following works must give the adjoining owners formal Notice of their intentions:

• To inject a chemical damp proof course into a Party Wall
• To cut into a Party Wall to take the bearing of a structural member, such as an RSJ
• To increase the height or thickness of a Party Wall
• To demolish or reconstruct a Party Wall
• To underpin a Party Wall or a structure in close proximity
• To undertake excavations near a neighbouring property
• 
  To build a new wall or alter an existing wall of a building, up to or astride, the boundary with a neighbouring property
• To undertake work in connection with opening up floors, separating flats.  

The above is not an exhaustive list, but identifies some of the more common situations, where a formal Notice must be served.

Analysis of the following diagrams, will help assist the reader in identifying the wider efinition of a Party Wall, as defined by the Act.  

It can be said that the main purpose of the Act is to restrict the possibility of litigation, where one-owner claims that his property has been damaged, as a result of works  undertaken by the adjoining owner.

There are various procedures, which should be followed before work is commenced. We will be happy to discuss how these apply in relation to the particular circumstances.

If you have received a Party Wall Notice you may appoint a Surveyor of your choice to prepare a Schedule of Condition, which will invariably be prepared at your neighbours expense.

Invariably each party will have their own Surveyor, although it is possible to make a joint appointment.

The respective Surveyors will agree that all works in question will not threatened or lead to potential damage to the property.

Once all matters are resolved a Party Wall Award is prepared by the Surveyors. This is a document which details the extent of works to be undertaken, together with any conditions which may apply, along with the Schedule of Condition and any necessary Structural drawings.
 
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You may view the Party Wall Act 1996 in its entirety by clicking here .