The Party Wall Act applies if someone is planning to do work on a relevant structure and “party wall” for the purposes of the Act does not just mean the wall between two semi-detached properties, it covers:

• A wall forming part of only one building but which is on the boundary line between two (or more) properties
  
• A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it
  
• A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building
  
• Floors and ceilings of flats etc
  
• Excavation near to a neighbouring property

The Party Wall Act requires a building owner who proposes to undertake works of the above nature to serve notice on any neighbouring owners who may be affected by the planned works either 1 or 2 months in advance depending upon the type of work planned. The neighbouring owner has rights to object to the works and there is a procedure for resolving disputes between the parties.

It is essential that a building owner planning to undertake works that may fall under the Act should ensure that they understand their obligations under the Act and a neighbouring owner receiving a notice under the Act should likewise seek advice if they are unsure of their rights.

With any work affecting neighbours, it is always better to reach a friendly agreement rather than resort to any law. Even where the work requires a notice to be served, it is better to informally discuss the intended work, consider the neighbours comments, and amend your plans (if appropriate) before serving the notice.

For advice on Party Wall Act Claims please contact:

Paul Addison on 01934 637 909 e-mail addison@powellslaw.com, or
Rabina Ahmed on 01934 637 913 e-mail ahmed@powellslaw.com.