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The Party Wall Act etc. 1996
The Party Wall Act is not administered by Wirral Council, but it must still be followed.
Many developers, property owners and their agents may simply be unaware of the Act. Whichever is the case, failure to comply with the Act could result in neighbour disputes or at worst litigation.
Below are outlined the most frequently asked questions about the Act, which may be of assistance :-
What does the Party Wall Act apply to?
- work on an existing wall shared with another property,
- a new building on the boundary with a neighbouring property
- an excavation near a neighbouring building.
When did the Party Wall Act come into force?
The Party Wall Act came into force from 1 July 1997 throughout England and Wales.
Similar legislation has been in force in inner London for many years.
What exactly can be termed a party wall?
A party wall is a wall that divides two properties in different ownership. However, there are also requirements applicable to floors between different ownership’s and buildings where work is carried out within six metres of a boundary.
What is the relationship between the Party Wall Act and other requirements such as planning permission and building regulation approval?
There is no relationship, however, the Act means that even if you have obtained planning permission and building regulations approval you may not have the right to commence work until you have also satisfied the requirements of the Party Wall Act.
Who makes sure that I have satisfied the requirements of the Party Wall Act?
If you have an architect or surveyor they can arrange for an independent third party surveyor to act on your behalf and that of the adjoining owner. If the work you are carrying out is relatively minor you may only need a written agreement with your neighbour to comply with the Act. This is normal practice in Domestic Building Works.
Where can I obtain more detailed guidance on the Party Wall Act?
The Royal Institution of Chartered Surveyors can give you help on this law. Also, DCLG (Department for Communities and Local Government) provide more detailed guidance on their "Party Wall etc Act 1996" page.