THE PURPOSE OF THE PARTY WALL ACT

The purpose of the Party Wall etc Act 1996 (“the Act”) is to provide a framework to prevent and resolve disputes in relation to party walls.

The Act allows for the works which are likely to affect existing party walls (See Section 2 Notices), it includes building a new wall astride/over the boundary or up to the boundary line (See Section 1 notices) and it also refers to excavations near neighbouring land which might affect the adjoining owner/s property (See Section 6 Notices).

It sets out the rights and obligations of the building owners (those who are proposing the works) and the adjoining owners (the next-door owners/occupiers).

It states which works are notifiable, contains a mechanism for dispute resolution and further provisions such as access, timings, costs etc.

The Act is intended to enable the building owner’s construction works to progress whilst protecting the adjoining owners and/or occupiers. The building owner has an obligation to notify the adjoining owner of the proposed works in writing to invoke the Act.

The Act provides rights which would not be available at common law, refusal to comply with the Act prevents the benefit of these rights. For example, gaining access to the adjoining property would be considered trespass under common law.

Contact us today if you need advice on any party wall matters whether you are the building owner or the adjoining owner.

07711 588 059

info@quanticost.co.uk

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