MAY 1998
How does the Party Wall Act 1996 affect you?
The answer is almost certainly "much more than you may expect".
The Act came into force on 1st July 1997 and extends the rules previously applying only in London to the whole of England and Wales.
It affects all "owners" of buildings (landlords and most tenants) which abut, or are very close to, other buildings. Therefore, if you use or occupy property the rules imposed apply to you.
One of the Act's main effects is to change the rights and duties of building owners with respect to party structures and to place those rules on a statutory basis.
If you wish to repair, alter or extend on (or in some cases near) a party boundary, you must give notice to your neighbours. Your neighbours must also give notice to you if they wish to do any work. If your neighbour takes action under the Act, you may also be legally obliged to do so as well. If you don’t, it could still cost you money.
Broadly, the principal effects for property "owners" are:
- You cannot simply do what you like to your own part of a party structure without following procedures set down in the Act.
- You (or your neighbour) can use all of a party structure as though it were your own even if your neighbour (or you) do not agree.
- Access may be obtained - even to vacant property - without the agreement of the owner.
- A dispute is deemed to arise if you do not respond to notices served under the Act.
- You and your neighbour may then appoint an "agreed surveyor". If you do not agree on this, you must each appoint your own surveyor. These two must then agree a third surveyor!
As in all other relationships between property owners, it can cost a lot more in the long run if you do not obtain sound and impartial advice at an early stage.