When planning to carry out building work on or near to your boundary or upon a party wall, please be aware that the work will fall within the control of The Party Wall etc Act. The legislation has been in place throughout England and Wales since 1st July 1997.
The Party Wall etc Act 1996:
- gives a framework to prevent and resolve disputes that can arise between neighbours;
- covers party walls, floors between flats, boundary walls and fences or the digging of excavations near neighbouring buildings.
- does not allow an adjoining owner to stop someone exercising their rights to control work under the act. It does make sure the work is done to protect the adjoining owner's interests;
- is a private law and of no direct interest of the local authority.
It applies to:
- work on an existing wall shared with another property (i.e. a party wall);
- work on existing floors between flats or apartments, known as ‘party structures’;
- building on the boundary with a neighbouring property;
- or excavating near a neighbouring property.
If you are planning to carry out work that falls within the scope of the Act, you must serve the statutory notice on all adjoining owners.
-
Party walls
Before working on an existing party wall or structure, the owner must give all adjoining owners at least two months notice.
-
New building on the boundary
Before building a new wall on the boundary, the owner must give all adjoining owners at least one months notice.
-
Excavations
Before excavating near neighbouring buildings, the owner must give all adjoining owners at least one months notice.
Boundaries and disputes
The approval of plans does not allow you or your neighbours to build on the boundary or on each others property.
Calderdale Building Control Services are not responsible for establishing boundaries between properties.
If your neighbour builds on or over your boundary, we suggest that you discuss the matter with them. If you are not able to resolve the situation, we suggest you take legal advice.
Where can I find out more information?
For more about this and guidance on the Act, download the explanatory booklet, visit: The Party Wall etc Act 1996.
Please note: This statute is private law and not a direct concern of the local authority. However works that are carried out may require statutory consent, like Planning Permission or the Passing of Building Regulations.