A party wall is a shared wall which separates buildings belonging to different owners even if the wall stands on land belonging to one of the owners. The Act also includes party structures such as floors separating different owners. The Act applies if you intend to excavate below the foundation level within 3.0m of a structure; or within 6.0m and below a plane of 45° from the foundation of a structure. It also applies if you wish to build a new wall on or close to the line of junction (e.g. a boundary). Party Fence Walls (such as boundary walls straddling the boundary line) come within the Act.
So What is Covered by the Party Wall Act etc 1996?
These are some of the works you can only do to a party structure with the written agreement of the adjoining owner:
1. Cut into the wall to take the bearing of a beam.
2. Insert a damp proof course all the way through a wall.
3. Raise or reduce a party wall including cutting off projections.
4. Cut a flashing into an adjoining wall.
5. Build a new wall on a line of junction between two properties.
6. Removal of chimney breasts from a party wall.
7. Excavate below the foundation level within 3.0m
8. Excavate within 6.0m of an adjoining structure below a plane
of 45° from the foundations of a structure.
9. Demolish & rebuild a party wall or underpin all or part thereof
In accordance with the Act any works that are notifiable, ie any works that are affected and included within the terms of the ACT MUST be processed in the correct way, and this start with the correct legal process of service notices on your neighbours to inform them of your intentions to carry out works that could affect them.
Call us to discuss your forthcoming project and how we can assist you with service notices