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Party Wall Act 1996
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| The Act came into force on 1st
July 1997. It provides a frame-work for preventing and resolving disputes
which can arise between neighbouring owners in respect of party walls and
similar matters. It deals with three main issues: |
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Construction of new walls on boundaries between adjoining
owners land. (Section 1: New building on line of Junction). |
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Repairs and modifications to existing party walls (Section
2: "Repair etc of party wall; rights of owner"). |
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Excavation near to neighbouring buildings (Section 6
: "Adjacent excavation and construction"). |
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| Party
wall means a wall which forms part of a building and stands on lands
of different owners to a greater extent than the protection of an artificially
formed support on which the wall rests and so much of a wall as separates
buildings belonging to different owners. |
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| Party fence
wall means a wall (not being part of a building)
which stands on lands of different owners and is used or constructed to
be used for separating such adjoining lands, but does not include a wall
constructed on the land of one owner the artificially formed support of
which projects into the land of another owner. |
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| Notice |
| If a building owner intends to
carry out work which falls into one of the categories described above, they
must serve notice on the adjoining owners stating: |
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Name and address of the building
owners. |
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The nature and particulars of
the proposed work. (Including in cases where the building owner proposes
to construct special foundations, plans, sections and details of construction
of the special foundations together with reasonable particulars of
the loads to be carried thereby); and |
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The date on which the proposed
work will begin. A "party structure" notice shall be served at least
two months before the date on which the proposed work will begin. |
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| A notice in respect of "adjacent
excavation or structure" shall be served at least one month before the date
on which the proposed work will begin. If the adjoining owner fails to respond
within 14 days they are deemed to have dissented and a dispute is deemed
to have arisen. In order to resolve the dispute the owners can either concur
in the appointment of one surveyor or, each party shall appoint their own
surveyor. The chosen surveyors will appoint a third surveyor to arbitrate
if they cannot agree on the disputed matters. The surveyors must carry out
the duties according to the Act and not according to their "clients" wishes.
The Local Authority will not be involved in the resolution of disputes beyond
identifying a private sector surveyor willing to act as a third surveyor.
The fees of such a surveyor would fall to be paid by one or both of the
parties to the dispute. |
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| Download a copy of the explanatory
booklet on The
Party Wall Act 1996 pdf version (598kb) |
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East & South Cheshire Building Control 2007
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