The Party Wall etc Act 1996 applies throughout England and Wales.

The Act gives rights to Building Owners to undertake certain works subject to giving notice to the Adjoining Owners (neighbours) the works covered by the Act are:

• New Building works at or astride the boundary between two properties.
• Works to or affecting a Party Structure or Party Wall including repairs, alterations, extending or reducing the wall, cutting in to the wall and underpinning.
• Excavating within three metres of a neighbour's building or structure where the excavations will go deeper than the Adjoining Owners foundations.
• Excavating within six metres of a neighbour's building or structure where the new excavations will cut a line drawn downwards at 45 degrees from the bottom of the Adjoining Owners foundations.

If you are the owner proposing to have any of the above the works carried out you must find out whether the works are governed by the Act. If so, you must serve statutory notice (one or two months depending upon the works) on the adjoining owners and get agreement to the works, before you start.

If the adjoining owner does not consent to the proposed works within 14 days they are deemed to have dissented as much as if they had positively dissented. Where an Adjoining Owner does not consent to the proposed works the Act requires that the dispute procedures within the Act are followed. These require the appointment of either an agreed surveyor or each party appointing their own surveyor.

We would recommend that before serving a notice under the Act you consult with an experienced Party Wall surveyor to ensure that the notice contains all of the information required and is served in accordance with the time scales stated within the Act. Failure to serve a notice compliant with the Act can result in delay and abortive costs.

If you are considering serving a notice or have received a notice under the Act contact our Party Wall expert Mr C A McWalter BSc FRICS MAE MFPWS, who is both a member of the Faculty of Party Wall Surveyors and a member of the Pyramus and Thisbe Club based in our Bristol office on 0117 942876 who has ten years experience in Party Wall matters and has acted as both Building Owners and Adjoining Owners surveyor in relation to developments across southern England and Wales.