Advice note to persons carrying out building work or excavations on or near to boundaries/party walls

The Party Wall etc Act 1996 came into effect on 1st July 1997 throughout England and Wales. The Act provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

The Party Wall Etc Act 1996 will apply if you intend to carry out building work which involves:

 Work on an existing wall shared with another property
 Building on the boundary with a neighbouring property
 Excavating near a neighbouring building

You must find out whether the work you propose falls within the scope of the Act. If it does you must serve the statutory notice on all those defined by the Act as adjoining owners.

At least 2 months' notice must be given for works to an existing party wall; and 1 months' notice for a planned new wall or for excavation within the specified distances.

For most works you should be able to reach an agreement with the adjoining owners and they may give their consent or serve a counter notice on you within 14 days. If this is not done a dispute is regarded as having arisen.

If you cannot reach an agreement there are procedures for appointing a "surveyor" and resolving any issues.

Further information and guidance on the Act is available in :

 The Party Wall etc Act 1996, explanatory booklet. *
 A short guide to The Party Wall etc Act 1996.

Available from-
The DoE Publications Despatch Centre, Blackhorse Road, London, SE99 6TT
Tel 0870 122 6236 Fax 0870 122 6237

*(limited copies are available from the Building Control section and from Planning reception at the Weeley Council Offices).

Note: The Local Authority has no involvement in the application or enforcement of the requirements of this Act.
Compliance with the requirements does not obviate the need to obtain any necessary Building Regulation or Town Planning Approvals.