The Party Wall Act 1996
Some kinds of work carried out to a property may not be
controlled by the Building Regulations, but may be work which is
covered by the Party Wall etc. Act 1996. This is a separate piece
of legislation with different requirements to the Building
Regulations. The Party Wall etc. Act makes provision in respect of
party walls and excavation and construction in proximity to certain
buildings or structures. There will be some instances where
both the Party Wall etc. Act and the Building Regulations apply to
the work being carried out.
Works to an existing party wall
Listed below are examples of some of the most common types of
works carried out where notification is required under this
Act.:
- Cutting in to the wall to take the bearing of a beam (e.g.to
take a beam when making a though lounge, or in loft
conversion).
- Raising the height of the wall and/or increase thickness of
wall.
- Inserting a damp proof course.
- Underpinning the whole thickness of the party wall, along part
or all of it.
- Demolishing and rebuilding the party wall.
Minor works such as installing shelves or wall units, replacing
recessed electrical sockets, or re-plastering are generally
regarded as not necessary for notification to neighbours.
You will need to give at least 2 months notice before
commencing. The adjoining owner may agree to allow the works
to start earlier.
New wall on a boundary line
If you wish to install a party fence/wall you will be required
to give notice.
You will need to give at least 1 month notice before commencing.
The adjoining owner may agree to allow the works to start
earlier.
Excavation
You will be required to give notice if you plan to excavate and
construct foundations for a new structure within 3.0m of a
neighbouring property or within 6.0m if the works will cut a line
drawn downwards at 45° from the bottom of the neighbour’s
foundation.
You will need to give at least 1 month notice before
commencing. The adjoining owner may agree to allow the works
to start earlier.
Adjoining Owners
It is advisable to discuss your proposal with the adjoining
owners to your property before giving any notice. After the
discussion you can then inform them in writing and this must
include:
- Your own name and address (Joint owners must also be
named)
- Address of building to be worked on.
- Full description of the works you are proposing, which can be
in drawing form.
- When you propose to start works.
Disputes
If the adjoining owners give their consent in writing within 14
days then it should generally be all right to commence work on the
agreed date. However, the adjoining owner may disagree in writing
and have additional work they would like to you carry out or
alternatively they may not reply. If the adjoining owner does not
reply within 14 days then it is considered that there is a
dispute.
Please note the Party Wall Act is Civil
Legislation and can only be enforced by affected parties, the Local
Authority cannot get involved.
Contact Building Control
Tel: 01304 872495
Email: buildingcontrol@dover.gov.uk
