A building owner planning to start work covered by the Act must give adjoining owners notice of their proposition set down in the Act. Adjoining owners can agree or disagree with what is planned. Where they disagree, the Act provides a procedure for resolving disputes.
The Act is separate from acquiring planning permission or building regulations approval.
What is a party wall?
The main types of party walls are:
- A wall that stands on the lands of 2 (or more) owners and forms part of building - this wall can be part of one building only or separate buildings belonging to different owners.
- A wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences.
- A wall that is on one owner’s land but it is used by 2 (or more) owners to separate their buildings.
What the Act Covers
The Act covers:
- New building on or at the boundary of 2 properties.
- Work to an existing party wall or party structure.
- Excavation near to and below the foundation level of neighbouring buildings.
This may include:
- Building a new wall on or at the boundary or two properties.
- Cutting into a party wall.
- Making a party wall taller, shorter or deeper.
- Removing chimney breasts from a party wall.
- Knocking down and rebuilding a party wall.
- Digging below the foundation level of a neighbour's property.
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