The Party Wall Act 1996
Notices
A building owner intending to carry out work covered by the
Act must give notice in wrting of the intended works to all the
relevant adjoining owners. This notice must include; the owners
name and address; the buildings address (if diffierent); full
details of what is proposed (including plans where appropriate);
and the proposed starting date.
In the case of excavations, the notice must also state whether
the owner proposes to strengthen or safeguard the foundations of
the building or structure belonging to the adjoining owner, and it
must be accompanied by plans. At least two months notice is
required of works to an existing party wall; and one month for a
planned new wall or for excavation within the specified
distances.
Work to an existing party wall
An adjoining owner cannot stop someone from exercising the
rights given to them by the Act, but can influence how and when the
owrk is done. Under the Act, a person who receives a notice about
intended work may give consent within 14 days, or give a
counter-notice settingout what additional or modified work he would
like to be carried out. If an adjoining owner does not do either of
these things, a dispute is regarded as having arisen.
New wall astride the boundary
line
If the adjoining owner gives a notice within 14 days agreeing to
the building of a new wall astride the boundary line, the work (as
agreed) may go ahead. If an adjoining owner does not respond, or
objects to the proposed new wall, the building owner may only build
the new wall wholly on his own land. He may place footing and
foundations under the adjoining owners land. Such footings may not
be made of reinforced concrete unless the adjoining owners consent
is given.
New wall up against the boundary
line
The building owner may start work, including placing footings
and foundations that extend under the adjoining owners land, one
month after the notice is served. Such footings may not be made of
reinforced concrete unless the adjoining owners express consent is
given.
If the adjoining owner gives a notice within 14 days agreeing
to the work, that owrk (as agreed) may go ahead. If an adjoining
owner does not respond, or objects to the proposed work, a dispute
is regarded as arisen.