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Builders andRegs

BUILDING DESIGN AND CONSTRUCTION SERVICE

We offer a full building regulations service on our own drawings

Building Regs Revision 1

 

For Mr Mrs Sample

Portsmouth

Hants. 21/05/05

 

The drawings have been prepared for local authority building regulation approval only

Contractors to check all dimensions on sight and not to scale off drawings.

Foundations

Foundations to Local Authority Approval
 

Brickwork Face
 

Internal cavity block work
 

Cavity at reveals
 

Lintels and Beams
Keystone or Catnic type or steel Beams to be as structural engineers details.

Below ground drainage
 

Waste and Soil Pipes
 

Second Floor
All I beams in large spans to be 195mmx 89mm with 75mm kingspan between, Floor to be 21mm T&G chipboard flooring glued at joints and screwed to joist.
Herringbone strutting to joist.

Second Floor Partitions
 

Stairs
 

Heating
 

Electrics
 

Ventilation
 

Mechanical Ventilation
 

Mono Pitched roof
 

Main Pitched Roof
 

Flat Roof
 

Dormer Cheeks
 

Beam above windows
 

Lead work
 

Glazing
 

Rainwater
 

Fire Alarms
 

Fire alarms to be positioned on ground, first floor and second to have battery back up wired to mains. To BS 5446.Rainwater to discharge into existing drainage system. Part N Any glazed door and adjoining glazed window within 300mm of door to be toughened or laminated safety glass. Any glass less than 800mm from floor level to be safety glass. Timber or upvc glazing to have a ‘u’ value not exceeding .20 W/m2k. To comply with current BS standards. Part L. K Pilkington Glass argon filled units. Safety glass required at all critical areas. All double-glazing to have trickle vents giving airflow of 4000-mm sq to all rooms.All lead work to be in min code 4 with no lengths greater than 1.5M joints to be lapped min 200mmBeam to be 2 x150mm x 47mm softwood timbers bolted together to form beam.To be 100mm x 47mm softwood with 9mm strand board applied both sides interior to 12.5mm foil backed plasterboard attached with joints taped and filled and two coats Dulux emulsion applied .100mm Kingspan insulation sandwiched between. Exterior to have plain tiles on 38mm x 25mm tanalised batten on waterproof membrane. Reflective coating on 3 layer felt on 22 mm WBP board building paper barrier on tilting fillets with fall back to ridge on 125mm x 47mm roof joist with 100mm thermapitch insulation between joist and 12.5mm plasterboard attached with joints taped and filled and Artex coating applied with two coats Dulux emulsion paint applied.To be concrete Redland 49 with min over lap of 100mm tiles on 25x50mm tanalised battens on untearable roofing felt on rafters 175mmx50mm as per drawing on 100mm X 47mm wall plates 200mmX 45mm ridge plate bolted to wall as indicated on drawings. with 12.5 mm foil backed plasterboard attached to underside rafters and ceiling joist with dry lining screws. Kingspan insulation between rafters 100mm Kingspan thermapich between rafters. Wall plate to be held down by 30x2.5mm Galvanised mild steel straps at min 2mtr centres. Ventilation to be provide in the form of tile vents and eaves ventilation 50mm ventilation to be maintained above insulation. Joist along side velux roof lights to be doubled up and trimmers to be sat in metal hangers. To be existing Marley or Redland concrete tiles on 25x50mm tanalised battens on breathable untearable roofing felt on rafters and ceiling as per drawing on 100mm X 47mm wall plates ,150mm X 47mm rafters with 100mm Thermapich insulation between rafters. Ceiling as indicated on plan with 12.8mm foil backed plasterboard attached with dry lining screws. 100mm Rockwall quilt insulation laid between ceiling joist and 150mm over joist. Ventilation to be provide in the form of tile vents and eaves ventilation. Rainwater system to match existing.Mechanical vent to kitchen to be 60 litres per second or 30 litres per second via cooker hood ducted to outside air operated intermittently.  Ventaxia mechanical vent to shower room to be 15 litres per second ducted to outside air operated intermittently. With connection to light switch with 15min over run.Opening window areas to be 1/20th of floor area served and back ground ventilation at 8000square mm to windows to new habitable rooms and 4000square mm to kitchen, bathroom, shower room windows. Maintain existing sub floor ventilation via 100mm diameter pipes below floor slab to air bricks in external brickwork at 1.8 m centres.All notable electrical installations should meet the requirements of Building Regulations Part P, and must be designed, installed, inspected and tested by person competent to do so. Prior to completion , the Council should be satisfied that Part P has been complied with, and this will require an appropriate BS7671 electrical installation certificate being provided. Low energy lighting to be fitted where possible.Extend existing water heating system to first floor and fit thermostatic valves to all radiators but not bathroom. Stairs to be measured on site and angle not to exceed 42 degrees. with min head of stair height 2000mm at centre of top tread, Treads Max rise 220mm minimum going 220mm and handrails at 900mm vertical from pitch line.Ground floor kitchen
Le-Farge 65mm Grit screed laid on 100mm concrete slab on building paper on 100mm Kingspan thermafloor Insulation board on 1200g polythene Damp proof membrane on min 25mm sand on min 150mm consolidated hardcore D.P.M to be lapped with all D.P.C s. all joints to be taped, Insulation to be turned up sides level with D.P.C. min25mm thick.First floor partitions in 68mm paramount partitioning all joints taped and filled.Existing soil pipe to be rapped in insulation and boxed in.Waste to sinks to 45mm and basins 38mm plastic. for maximum length of 1.7mtrs or40mm diameter for max 3mtrs .100mm pipes to terminate 900mm above head of any window within 3mtrs horizontally terminated with terminal guard. All waste pipes to have traps with 75mm deep sealed traps. Soil pipes to be extended above new roof level.New drains to be BS 8301 . To be 100mm diameter Hepworth clay ware or Osma plastic bedded and surrounded in pea gravel laid to a fall of 1:40 .Any existing drains under building to be exposed and encased in 150mm Lintels over drains where they pass through foundations and brickwork New drains under building shallower than 300mm to be encased in concrete ,Contractor to site check that existing drains to be broken out or sealed are redundant. Seal dead ends of redundant drains with concrete. To be 65mm. Close cavity at reveals with Thermabate or similar equal insulated closures.Internal cavity block work to be 100mm shield blocks with 13 mm lightweight plaster to inside finish.Brickwork to match existing with cavity closures at all window and door reveals. Cavity to have wall ties at 450mm centres vertical and 900mm centres horizontal, ties at openings to be every three courses, cavity 75mm to have 75mm Dri-therm cavity insulation or Kingspan similar fill. D.P.C to be provided min 150mm above finished ground level. Cavity to extend min 150mm below lowest D.P.C.New walls to be bonded to existing face walls cut and toothed ,or metal starter strips bolted to solid brickwork and to maintain cavity on inner walls. Cavity tray to be inserted above roof tiles at first floor level into cavity with code 4 lead flashings onto roof dressed over tiles .All brickwork to be closed at eaves600mm X 225mm-strip foundation under all new cavity walls. 450mmX 225mm-strip foundation under single skin walls.4: 2:1 concrete mix. Depth of excavation adequate for sub soil conditions [min 1200mm in clay] and to invert level of adjacent drainage foundation depth .Trench fill foundations adjacent to site boundary, if clay sub soil provide claymaster board to inner face of trench fill foundation with polythene sheet to outer face any stepped foundation to have a minimum overlap of twice the height of the step or foundation thickness or 300mm which ever is the greater. Height of step must not be greater than the least foundation thickness.

Bulding Regulations

Building regs explained

Party wall act

Party Wall Act 1996

THE PARTY WALL

etc. ACT 1996:

EXPLANATORY BOOKLET

THE PARTY WALL

etc. ACT 1996:

EXPLANATORY BOOKLET

Contents

INTRODUCTION

PART 1: THE PARTY WALL etc. ACT 1996

Paragraph Page

1 What does the Act do? 5

2 What does the Act cover? 5

3 What is a party wall? 6

PART 2: BUILDING OWNERS

9

4-19 Work on existing party walls (section 2 of the Act)

4 What are my rights under the Act if I want to do work on an

existing party wall? 9

5 What are my duties under the Act? 9

6 What about things like putting up shelves or wall units, or installing

recessed sockets, or removing and renewing plaster? 10

7 Who counts as an "Adjoining Owner"? 10

8 How do I inform the Adjoining Owner or owners? 11

9 How long in advance do I have to serve the notice? 11

10 What happens after I serve notice? 12

11 What if I cannot reach agreement with my neighbour on the work

to be done to the party wall? 12

12 Who can I appoint as a surveyor in the event of a dispute? 13

13 What does the surveyor do? 13

14 Who pays the surveyor’s fees? 14

15 Is the surveyor’s award final? 14

16 Who pays for the building works? 14

17 What happens if the neighbours won’t cooperate? 14

18 What about access to neighbouring property? 15

19 What rights does my neighbour have? 15

20-25 New building on the boundary line between neighbouring

pieces of land (section 1 of the Act)

20 What does the Act say if I want to build up to or astride the

boundary line? 16

21 How long in advance do I have to serve the notice? 16

22 What happens after I serve notice about building astride the

boundary line? 16

23 What happens after I serve notice about building up to the

boundary line? 17

24 What happens if there is a disagreement with my neighbour? 17

25 What about access to neighbouring property? 17

26-29 Excavation near neighbouring buildings (section 6 of the Act)

26 What does the Act say if I want to excavate near

neighbouring buildings? 18

27 How long in advance do I have to serve the notice? 20

28 What happens after I serve notice? 20

29 What about access to neighbouring property? 20

PART 3: ADJOINING OWNERS/OCCUPIERS

30 What does the Act say if my neighbour wants to carry out

building works? 21

31 What do I do if I receive a Party Wall Act notice from my neighbour? 22

32 What do I do if I believe my neighbour is about to start work and I

have not received a Party Wall Act notice? 22

33 What do I do if my neighbour starts work and I have not received

a Party Wall Act notice? 22

34 What if I cannot reach agreement with my neighbour? 23

35 What about access to my property? 23

36 As a neighbouring owner, what can I do to guard against the risk

that the Building Owner may leave work on the party wall unfinished? 23

21

PART 4: FREQUENTLY ASKED QUESTIONS

37 Does the Act change who owns that party wall? 24

38 Can the Act be used to resolve a boundary dispute? 24

39 Does the Act supersede common law rights? 24

40 Does the Building Owner have to wait for the full one or two months

after serving a notice before starting work? 24

41 What happens if an owner wants to build up to an existing boundary

wall which does not currently form part of a building and which is

wholly on their own land? 25

24

PART 5: EXAMPLE LETTERS

Example Letter 1 – Party Structure Notice 28

Example Letter 2 – Positive acknowledgement of Party Structure Notice 29

Example Letter 3 – Negative acknowledgement of Party Structure Notice 30

Example Letter 4 – Line of Junction Notice – new wall astride the boundary 31

Example Letter 5 – Acknowledgement of Line of Junction Notice -

new wall astride the boundary 32

Example Letter 6 - Line of Junction Notice – new wall wholly on your land 33

Example Letter 7 - Acknowledgement of Line of Junction Notice -

new wall wholly on your land 34

Example Letter 8 – 3 or 6 metre Notice 35

Example Letter 9 – Positive acknowledgement of 3 or 6 metre Notice 36

Example Letter 10 – Negative acknowledgement of 3 or 6 metre Notice 37

26

PART 6: FURTHER INFORMATION

38

Introduction

This booklet is not an authoritative

interpretation of the law.

It aims to explain in simple terms how the Party Wall etc Act 1996 (“the Act”) may

affect someone who

"Building Owner")

(the "Adjoining Owner").

Under the Act, the word

holding the freehold title, or

holding a leasehold title for a period exceeding one year, or

under contract to purchase such a title, or

entitled to receive rents from the property

either wishes to carry out work covered by the Act (theor receives notification under the Act of proposed adjacent work“owner” includes the persons or body

There may therefore be more than one set of

“owners” of a single property.

In this booklet the word “he” is used to include “she” and “they” (where there are

joint owners or the owners are companies or other sorts of body).

This booklet is only about the Act, which is separate from planning or building

regulations control.

You must remember that reaching agreement with the Adjoining Owner or owners

under the Act

or to comply with building regulations

permission or complying with the building regulations does not remove the need to

comply with the Act where it is applicable.

does not remove the possible need to apply for planning permissionprocedures. Conversely, gaining planning

If you intend to carry out building work which involves one of the following

categories:

work on an existing wall or structure shared with another property (section 2

of the Act)

building a free standing wall or a wall of a building up to or astride the

boundary with a neighbouring property (section 1 of the Act)

excavating near a neighbouring building (section 6 of the Act)

you must find out whether that work falls within the Act. If it does, you must notify

all

Adjoining Owners.

4

PART 1:

The Party Wall etc.

Act 1996

What does the Act do?

The Act came into force on 1 July 1997 and applies throughout England

and Wales.

It provides a framework for preventing and resolving disputes in relation to party

walls, boundary walls and excavations near neighbouring buildings. It is based on

some tried and tested provisions of the London Building Acts, which applied in inner

London for many decades before the Act came into force.

Anyone intending to carry out work (anywhere in England and Wales) of the kinds

described in the Act

must give Adjoining Owners notice of their intentions.

Where the intended work is to an existing party wall (section 2 of the Act) a

notice must be given

of a party wall.

even where the work will not extend beyond the centre line

It is often helpful in understanding the principles of the Act if owners consider

themselves joint owners of the whole of a party wall rather than the sole owner of

half or part of it.

Adjoining Owners can agree with the Building Owner’s proposals or reach

agreement with the Building Owner on changes in the way the works are to be

carried out, and in their timing. Where there is no

the Act provides for the resolution of ‘disputes’.

written consent or agreement,

What does the Act cover?

Various work that is going to be carried out directly to an existing party wall

or structure (see paragraphs 4 to 19)

New building at or astride the boundary line between properties (see

paragraphs 20 to 25)

Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s),

depending on the depth of the hole or proposed foundations (see paragraphs

26 to 29).

1

2

5

What is a party wall?

The Act recognises two main types of party wall.

Party wall type (a)

A wall is a

(or more) different owners.

Such a wall:

is part of one building (see diagram 1), or

separates two (or more) buildings (see diagram 2), or

consists of a “party fence wall” (see diagram 3).

A wall is a

boundary line between lands of different owners and is used to separate those lands

(for example a garden wall).

"party wall" if it stands astride the boundary of land belonging to two"party fence wall" if it is not part of a building, and stands astride theThis does not include such things as wooden fences.

Party wall type (b)

A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by

two (or more) owners to separate their buildings (see diagram 4).

An example would be where one person has built the wall in the first place, and

another has butted their building up against it without constructing their own wall.

Only the part of the wall that does the separating is "party" - sections on either side

or above are not "party".

The Act also uses the expression

could be a wall or floor partition or other structure separating buildings or parts of

buildings approached by separate staircases or entrances (for example flats) – see

diagram 5.

"party structure". This is a wider term, which

3

6

Diagram 1 Diagram 2

Diagram 3

7

Diagram 4

Diagram 5

8

PART 2: BUILDING OWNERS

Work on existing party walls

(section 2 of the Act)

What are my rights under the Act if I want to do

work on an existing party wall?

The Act provides a Building Owner, who wishes to carry out various sorts of work to

an existing party wall, with additional rights going beyond ordinary common law

rights.

Section 2 of the Act lists what work can be done. The most commonly used rights

are:

to cut into a wall to take the bearing of a beam (for example for a loft

conversion), or to insert a damp proof course all the way through the wall

to raise the height of the wall and/or increase the thickness of the party wall

and, if necessary, cut off any projections which prevent you from doing so

to demolish and rebuild the party wall

to underpin the whole thickness of a party wall

to protect two adjoining walls by putting a flashing from the higher over the

lower, even where this requires cutting into an Adjoining Owner’s

independent building.

What are my duties under the Act?

If you intend to carry out any of the works mentioned in paragraph 4,

you must

inform

your own side of the wall without telling the Adjoining Owners of your intentions -

but see paragraph 6.

all Adjoining Owners - see paragraphs 7 and 8. You must not even cut into

The Act contains no enforcement procedures for failure to serve a notice. However, if

you start work without having first given notice in the proper way, Adjoining Owners

may seek to stop your work through a court injunction or seek other legal redress.

An Adjoining Owner cannot stop someone from exercising the rights given to them by

the Act, but may be able to influence how and at what times the work is done -

paragraph 10.

The Act also says that a Building Owner must not cause unnecessary inconvenience.

This is taken to mean inconvenience over and above that which will inevitably occur

when such works are properly undertaken.

see

4

5

9

The Building Owner must provide temporary protection for adjacent buildings and

property where necessary. The Building Owner is responsible for making good any

damage caused by the works or must make payment in lieu of making good if the

Adjoining Owner requests it.

In specific circumstances where party walls are demolished and rebuilt (s.2(2)(b) of

the Act) section 11(5) provides that the cost of the work shall be shared. Where use

is made of party walls previously built at the cost of the Adjoining Owner, the Act

makes provision for a fair payment to be made to the Adjoining Owner.

What about things like putting up shelves or wall

units, or installing recessed electric sockets, or

removing and renewing plaster?

Some works on a party wall may be so minor that service of notice under the Act

would be generally regarded as not necessary.

Things like:

drilling into a party wall to fix plugs and screws for ordinary wall units or

shelving

cutting into a party wall to add or replace recessed electric wiring and sockets

replastering

may all be too minor to require a notice under the Act.

The key point is whether your planned work might have consequences for the

structural strength and support functions of the party wall as a whole, or cause

damage to the Adjoining Owner’s side of the wall. If you are in doubt about whether

your planned work requires a notice you might wish to seek advice from a qualified

building professional.

Who counts as an "Adjoining Owner"?

Essentially, an Adjoining Owner is anyone with an interest greater than a yearly

tenancy in the adjoining property.

The adjoining property may have a freehold owner, a leasehold owner and/or a long

term tenant, each or all of whom may be an 'Adjoining Owner' under the Act.

Where there is more than one owner of the property, or more than one adjoining

property, it is your duty to notify all Adjoining Owners.

7

6

10

How do I inform the Adjoining Owner or owners?

It is obviously best to discuss your planned work fully with the Adjoining Owners

before you (or your professional adviser on your behalf) give notice,

about what you plan to do. If you have already ironed out possible snags with your

neighbours, this should mean that they will readily give consent in response to your

notice. You do not need to appoint a professional adviser to give the notice on your

behalf.

Whilst there is no official form for giving notice under the Act, your notice

in writing,must

include the following details:

your own name and address (joint owners must all be named, e.g. Mr A & Mrs

B Owner)

the address of the building to be worked on (this may be different from your

main or current address)

a full description of what you propose to do (it may be helpful to include

plans but you must still describe the works)

when you propose to start (which must not be before the relevant notice

period has elapsed).

The notice should be dated and it is advisable to include a clear statement that it is

a notice under the provisions of the Act.

You may want to base your notice on Example Letter 1, set out in Part 5 of this

booklet.

You may deliver the notice to the Adjoining Owner(s) in person or send it by post.

Where the neighbouring property is empty or the owner is not known, you may

address the notice to "The Owner", adding the address of the premises, and fix it to

a conspicuous part of the premises.

You do not need to tell the local authority about your notice.

How long in advance do I have to serve the notice?

At least

The Adjoining Owner may agree to allow works to start earlier but is not obliged to

even when agreement on the works is reached. The notice is only valid for a year,

so do not serve it too long before you wish to start.

two months before the planned starting date for work to the party wall.

8

9

11

What happens after I serve notice?

A person who receives a notice about intended work may:

give his consent in writing, or

dissent from the works proposed, in writing (the procedure explained in

paragraph 11 of this booklet then comes into play), or

do nothing.

If, after a period of 14 days from the service of your notice, the person receiving the

notice has done nothing, a dispute is regarded as having arisen - see paragraph 11.

A person who receives notice about intended work may, within one month, give a

counter-notice setting out what additional or modified work he would like to be

carried out for his own benefit. A person who receives a notice, and intends to give

a counter-notice, should let the Building Owner know within 14 days.

If you receive a counter-notice you must respond to it within 14 days otherwise a

dispute is regarded as having arisen - see paragraph 11.

As mentioned in paragraph 8, your notice should not come as a surprise. If you have

already ironed out possible snags with your neighbours, this should mean that they

will readily give consent in response to your notice.

It should be noted that where consent is given you are

obligations under the Act, for example to avoid unnecessary inconvenience or to

provide temporary protection for adjacent buildings and property where necessary.

The notice of consent is simply confirmation that, at that time, there is nothing 'in

dispute'. Should a difference arise at a later date (for example in respect of damage

caused) the procedure explained in paragraph 11 then comes into play.

not relieved of your

What if I cannot reach agreement with the

Adjoining Owners on the work to be done to the

party wall?

The best way of settling any point of difference is by friendly discussion with your

neighbour. Agreements must

If you cannot reach agreement with the Adjoining Owners, the next best thing is to

agree with them on appointing what the Act calls an "Agreed Surveyor" to draw up

an "Award". The Agreed Surveyor should NOT be the same person that you intend to

employ or have already engaged to supervise your building work - see paragraph 12.

Alternatively, each owner can appoint a surveyor to draw up the award together. The

two appointed surveyors will select a third surveyor (who would be called in only if

the two appointed surveyors cannot agree).

In all cases, surveyors appointed under the dispute resolution procedure of the Act

must consider the interests and rights of both owners and draw up an award

impartially.

always be put in writing.

10

11

12

Their duty is to resolve matters in dispute in a fair and practical way.

Where separate surveyors are appointed by each owner, the surveyors must liaise

with their appointing owners and put forward the respective owners’ preferred

outcome. However, the surveyors do not act as advocates for the respective owners.

They must always act within their statutory jurisdiction and jointly prepare a fair and

impartial award.

Who can I appoint as a surveyor in the event of a

dispute?

The term "surveyor" is defined in the Act as any person who is not a party to the

matter. This means that you can appoint almost anyone you like to act in this

capacity. However, the surveyor should have a good knowledge of construction and

of administering the Act.

Some people are obviously more suitable than others. You may wish to look for a

qualified building professional with some experience or knowledge of party wall

matters - see Part 6, Further Information, at the end of this booklet.

You and your neighbour should not choose the person you have engaged to

supervise the building works to be the "Agreed Surveyor". It is difficult to be the

person responsible for ensuring the completion of the work at the same time as

giving full regard to the rights of the neighbours. Your neighbour may also be less

inclined to agree to jointly appoint a person to resolve a dispute if that person is

already engaged by you in another capacity.

What does the surveyor do?

The surveyor (or surveyors) will prepare an "award" (also known as a "party wall

award"). This is a document which:

sets out the work that will be carried out

says when and how the work is to be carried out (for example, not at

weekends if the buildings are domestic properties)

specifies any additional work required (for example necessary protection to

prevent damage)

often contains a record of the condition of the adjoining property before the

work begins (so that any damage to the adjoining land or buildings can be

properly attributed and made good)

allows access for the surveyor(s) to inspect the works while they’re going on

(to see that they are in accordance with the award).

It is a good idea to keep a copy of the award with your property deeds when the

works are completed.

12

13

13

Who pays the surveyor’s fees?

The surveyor (or surveyors) will decide who pays the fees for drawing up the award

and for checking that the work has been carried out in accordance with the award.

Usually the Building Owner will pay

if the works are solely for his benefit.

all costs associated with drawing up the award

Is the surveyor’s award final?

The Award is final and binding unless it is amended by the Court. Each owner has 14

days to appeal to the county court against an award. An appeal should only be made

to the county court if an owner believes that the surveyors’ determination is

fundamentally wrong.

An appeal should not be undertaken lightly and an owner considering an appeal may

well wish to seek legal advice.

Who pays for the building works?

Your agreement with the Adjoining Owner, or the award in the event of a dispute,

will set this out.

The general principle in the Act is that the Building Owner who initiated the work

pays for it if the works are solely for his benefit. However, there are cases where the

Adjoining Owner may pay part of the cost, for example:

where work to a party wall is needed because of defects or lack of repair for

which the Adjoining Owner may be responsible (in full or in part).

where an Adjoining Owner requests that additional work should be done for

his benefit.

Where the dispute resolution procedure is called upon, the award may deal with

apportionment of the costs of the work. The dispute procedure may be used

specifically to resolve the question of costs if this is the only matter in dispute.

What happens if the neighbours won’t cooperate?

If a dispute has arisen and the neighbouring owner refuses to appoint a surveyor

under the dispute resolution procedure, you can appoint a second surveyor on his

behalf, so that the procedure can go ahead - see paragraphs 11 and 12.

In these circumstances you will not be able to appoint an “agreed surveyor”. Your

own surveyor will advise you on the appointment of a second surveyor on behalf of

the Adjoining Owner.

14

15

16

17

14

What about access to neighbouring property?

Under the Act, an Adjoining Owner and/or occupier must,

your workmen and your own surveyor or architect etc., to carry out works in

pursuance of the Act (but only for those works), and allow access to any surveyors

appointed as part of the dispute resolution procedure.

You must give the Adjoining Owner and occupier notice of your intention to exercise

these rights of entry. The Act says that 14 days’ notice must usually be given.

It is an offence, which can be prosecuted in the magistrates’ court, to refuse entry to

or obstruct someone who is entitled to enter premises under the Act, if the offender

knows or has reasonable cause to believe that the person is entitled to be there.

If the adjoining property is closed (for example an unoccupied property) your

workmen and your own surveyor or architect etc. may enter the premises after

following proper procedures if they are accompanied by a police officer.

You should discuss access for other works with your neighbour. It is often in the best

interests of the Adjoining Owner to allow access voluntarily to build a wall or carry

out works for which there is no statutory right of access, as this will allow a better

finish to the side of the wall that they will see.

when necessary, let in

What rights do Adjoining Owners have?

Adjoining Owners’ rights are described in Part 4 of this booklet. They include the

right to:

appoint a surveyor to resolve any dispute;

require reasonably necessary measures to be taken to protect their property

from foreseeable damage;

not to suffer any unnecessary inconvenience;

be compensated for any loss or damage caused by relevant works;

ask for security of expenses before you start significant work so as to

guard against the risk of being left in difficulties if you stop work at an

inconvenient stage.

18

19

15

21

22

What does the Act say if I want to build up against

or astride the boundary line?

If you plan to build a party wall or party fence wall astride the boundary line, you

must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You

may want to base your notice on Example Letter 4. However, there is no right to

build astride the boundary without your neighbour's agreement in writing - see

paragraph 22.

You must also inform the Adjoining Owner by serving a notice if you plan to build a

wall wholly on your own land but up against the boundary line. You may want to base

your notice on Example Letter 6.

The Act contains no enforcement procedures for failure to serve a notice. However, if

you start work without having first given notice in the proper way, Adjoining Owners

may seek to stop your work through a court injunction or seek other legal redress.

How long in advance do I have to serve the notice?

At least

is only valid for a year, so do not serve it too long before you wish to start.

one month before the planned starting date for building the wall. The notice

What happens after I serve notice about building

astride the boundary line?

If the Adjoining Owner agrees within 14 days to the building of a new wall astride

the boundary line, the work (as agreed) may go ahead. The expense of building the

wall may be shared between the owners where the benefits and use of that wall will

be shared.

The agreement must be

wall, the allocation of costs and any other agreed conditions.

If the Adjoining Owner does not agree,

new wall astride the boundary line, you must build the wall wholly on your own land,

and wholly at your own expense. However, you have a right to place necessary

footings for the new wall under your neighbour’s land – see paragraph 23 - subject

to compensating for any damage caused by building the wall or laying the

foundations. There is no right to place reinforced concrete under your neighbour’s

land without their express written consent.

You may start work one month after your notice was served.

in writing and should record details of the location of thein writing, within 14 days, to the proposed

20

NEW BUILDING ON THE BOUNDARY LINE BETWEEN

NEIGHBOURING PIECES OF LAND

(SECTION 1 OF THE ACT)

16

What happens after I serve notice about building

up against the boundary line?

Unless your neighbour objects, you may start work one month after your notice was

served. You have the right to place footings and foundations extending under the

Adjoining Owner’s land. However, there is no right to place reinforced concrete

foundations under your neighbour’s land without their express written consent.

The wall will be built wholly at your own expense and you will have to compensate

any Adjoining Owner for any damage to his property caused by the building of the

wall, or the placing of footings and foundations under his land.

What happens if there is a disagreement with my

neighbour?

If there is a disagreement about any work of the kinds covered in paragraphs 22 and

23, including compensation, the dispute can be settled under the procedure

described in paragraphs 11 to 17.

The surveyor(s) can assist the owners in reaching agreement but cannot decide who

is right if the boundary location is in dispute (see paragraphs 37 and 38 in Part 4 of

this booklet).

What about access to neighbouring property?

See paragraph 18.

23

24

25

17

What does the Act say if I want to excavate near

neighbouring buildings?

If you plan to:

excavate,or excavate and construct foundations for a new building or

structure, within 3 metres of a neighbouring owner’s building or structure,

where that work will go deeper than the neighbour’s foundations (see

diagram 6); or

excavate, or excavate for and construct foundations for a new building or

structure, within 6 metres of a neighbouring owner’s building or structure,

where that work will cut a line drawn downwards at 45° from the bottom of

the neighbour’s foundations (see diagram 7)

you must inform the Adjoining Owner or owners by serving a notice - see paragraphs

7 and 8.

You may want to base your notice on Example Letter 8.

Note that, for the purposes of section 6 of the Act, “Adjoining Owners” may include

your next-but-one neighbour if they have foundations within 6 metres.

The notice

foundations of the building or structure belonging to the Adjoining Owner. Plans and

sections showing the location and depth of the proposed excavation or foundation

and the location of any proposed building

must state whether you propose to strengthen or safeguard themust also accompany the notice.

The Act contains no enforcement procedures for failure to serve a notice. However, if

you start work without having first given notice in the proper way, Adjoining Owners

may seek to stop your work through a court injunction or seek other legal redress.

26

EXCAVATION NEAR NEIGHBOURING BUILDINGS

(SECTION 6 OF THE ACT)

18

Diagram 6

Diagram 7

19

How long in advance do I have to serve the notice?

At least

is only valid for a year, so do not serve it too long before you wish to start.

one month before the planned starting date for the excavation. The notice

What happens after I serve notice?

If the Adjoining Owner gives

works, the work (as agreed) may go ahead. If the Adjoining Owner does not respond,

or objects to the proposed work, a dispute is regarded as having arisen - see

paragraphs 11 to 17.

After the work has been completed, the Adjoining Owner may request particulars of

the work, including plans and sections.

written notice within 14 days agreeing to the proposed

What about access to neighbouring property?

See paragraph 18.

27

28

29

20

30

Adjoining Owners should note that the primary purpose of the Act is to facilitate

development. In return for rights to carry out certain works, the Building Owner (the

person having the work done) must notify you in advance. He is made legally

responsible for putting right any damage caused by carrying out the works, even if

the damage is caused by his contractor.

You cannot stop someone from exercising the rights given to them by the Act, but

you may be able to influence how and at what times the work is done.

If you refuse to respond to a notice from a Building Owner, he will be able to

appoint a second surveyor on your behalf so that the dispute resolution procedure

can proceed without your co-operation

It is preferable that the owners reach agreement between themselves wherever

possible without the need to activate the dispute resolution procedure. You do not

lose subsequent rights by agreeing to the intended works described in the Building

Owner’s notice. Agreement to the intended works simply signifies that,

in time,

of damage caused, you can activate the dispute resolution procedure.

at this pointthere is nothing in dispute. If a dispute arises at a later date, say in respect

What does the Act say if my neighbour wants to

carry out building work?

If your neighbour intends to carry out building work which involves one of the

following categories:

work on an existing wall or structure shared with another property (section 2

of the Act) - see paragraphs 4 to 18

building a free standing wall or a wall of a building up to or astride the

boundary with a neighbouring property (section 1 of the Act) - see paragraphs

19 to 24; or

excavating near a neighbouring building (section 6 of the Act) - see

paragraphs 25 to 28;

they must notify you in writing before they start work see paragraph 8, 20 and 26.

PART 3:

Adjoining Owners/Occupiers

21

What do I do if I receive a Party Wall Act notice

from my neighbour?

If you receive a notice from your neighbour you should

14 days

to the notice on your behalf.

You can agree or disagree with what is proposed. You may want to base your reply

on Example Letter 2 or 3 in Part 5 of this booklet, which you may have received with

the notice.

If you do not respond to a notice about an intended new wall built up to (but not

astride) the line of junction, the work can commence after the one month notice

period. The Building Owner may place any necessary footings and foundations under

your land (but not reinforced concrete foundations without your prior written

consent).

If you do not respond,

wall built astride the line of junction, the Building Owner must build the wall entirely

on his own land. The work can commence after the one month notice period. The

Building Owner may place any necessary footings and foundations under your land

(but not reinforced concrete foundations without your prior written consent).

If you receive a notice about work to an existing party structure, or a notice about

excavations within 3 or 6 metres of your foundations, and you have not responded,

reply to it in writing withinof receiving it. You do not need to appoint a professional adviser to respondin writing, within 14 days to a notice about an intended new

in writing,

regarded as having arisen. The procedure explained in paragraphs 11 to 15 then

formally comes into play.

If you disagree with the work described in a notice under the Act you should explain

why. The Building Owner can then consider your objection and perhaps amend his

proposal. Agreement might then be reached, without the need to use the formal

dispute resolution procedure.

within a period of 14 days from receipt of the notice, a dispute is

What do I do if I believe my neighbour is about to

start work and I have not received a Party Wall

Act notice?

You should let your neighbour know (in writing) about the Act. You may wish to send

him a copy of this booklet.

What do I do if my neighbour starts work and I

have not received a Party Wall Act notice?

The Act contains no enforcement procedures for failure to serve a notice. However,

if your neighbour starts work without having first given notice in the proper way, you

may seek to stop the work through a court injunction or seek other legal redress. You

may wish to take professional legal advice before commencing such action.

31

33

32

22

34

36

What if I cannot reach agreement with my

neighbour?

See paragraphs 11 - 17.

Where the proposed works are minor and/or not intrusive on your building or land,

you may have only minor objections that you cannot agree or perhaps simply want

some assurance that the correct procedures are followed.

In these circumstances, and particularly in residential circumstances where surveyors

fees would significantly increase the project costs, the appointment of an agreed

surveyor to resolve the dispute is preferable, especially so if the proposed surveyor is

not otherwise involved in your neighbour’s project.

What about access to my property?

See paragraph 18.

Even where you object to what your neighbour is building on his land, it is often to

your benefit to allow access, for example for scaffolding or to allow pointing of the

wall, as the wall will probably be visually more acceptable if access is given.

As a neighbouring owner, what can I do to guard

against the risk that the Building Owner may

leave work unfinished?

If there is a risk that you will be left in difficulties if the Building Owner stops work at

an inconvenient stage, you can ask him, before he starts work, to make available an

amount of money that would allow you to restore the status quo if he fails to do so.

The money remains his throughout, but if, for example, you need to have a wall

rebuilt, you, or more commonly the surveyors, can draw on that security to pay for

the rebuilding.

This provision is usually reserved for particularly intrusive or complex works.

35

23

Does the Act change who owns the party wall?

No. The Act does not change the ownership of any wall, nor does it change the

position of any boundary. Boundaries can still run through the centre of a wall, so

that each owner may technically own half of a wall. However, it may help in

understanding the principles of the Act if owners consider themselves joint owners

of the whole of a party wall rather than the sole owner of half or part of it.

The Act sets out what rights an owner has in relation to works to a party wall and

what he is obliged to do before he can exercise those rights.

Can the Act be used to resolve a boundary dispute?

No. The Act does not contain any provision that could be used to settle a boundary

line dispute. Such disputes can be resolved through the courts or through alternative

dispute resolution procedures (which may be simpler, quicker and cheaper), for

example mediation, decision by an independent expert or arbitration.

Does the Act supersede common law rights?

Yes, but only in relation to works covered by the Act, and only when the correct

notices have been given and the procedures correctly followed.

Does the Building Owner have to wait for the full

one or two months after serving a notice before

starting work?

No, so long as the Adjoining Owner agrees,

than as stated in the notice.

in writing, to the work starting earlier

PART 4:

Frequently Asked Questions

37

38

39

40

24

What can be done to weather proof a narrow gap

formed where a person is building on his own land

alongside the external wall (e.g. an earlier back

garden extension built up to the Adjoining

Owner’s side of the boundary line?

It is good practice to prevent debris collecting in (or animals entering) the small gap

between two adjacent independent structures and the Act allows for any works

“incidental to the connection of a structure with the premises adjoining it”. There

are several proprietary products that can effectively seal the gap between two

buildings without having to cut into or permanently fix to either building. The

Building Owner erecting the second structure would usually carry out this work.

41

25

PART 5:

Example Letters

Example Letter 1 – Party Structure Notice

Example Letter 2 – Positive acknowledgement of Party Structure Notice

Example Letter 3 – Negative acknowledgement of Party Structure Notice

Example Letter 4 – Line of Junction Notice – new wall astride the boundary

Example Letter 5 – Acknowledgement of Line of Junction Notice - new wall

astride the boundary

Example Letter 6 – Line of Junction Notice – new wall wholly on your land

Example Letter 7 – Acknowledgement of Line of Junction Notice - new wall

wholly on your land

Example Letter 8 – 3 or 6 metre Notice

Example Letter 9 – Positive acknowledgement of 3 or 6 metre Notice

Example Letter 10 – Negative acknowledgement of 3 or 6 metre Notice

NOTES ON COMPLETING SAMPLE LETTERS

Where alternatives appear (e.g. I/we), you should write

Where

1

If the property is owned in joint names both or all names must be given in the

notice.

2

may be different to

3

proposed.

4

know the name write “The Owner”

5

If the

will be the owner’s main address.

If the

owner this will be the address adjacent to your premises – i.e. the

Owner’s building

6

where the work is proposed.

only the applicable option.italics appear, you should refer to the following notes for guidance:Building Owner – This is the owner of the premises where the work is proposed.Building Owner’s main address – This is your main correspondence address andBuilding Owner’s building as at note 3.Building Owner’s building – this is the address of the premises where the work isAdjoining Owner - If possible give the neighbour’s full name/s. If you do notAdjoining Owner’s main address –Adjoining Owner does not live at the premises e.g. a landlord, the addressAdjoining Owner is an owner-occupier or if you do not know who is theAdjoiningas note 6.Adjoining Owner’s building - this is the address of the premises adjacent to that

26

7

your letter, as this will avoid confusion as to when notice was served.

8

9

to your neighbour so that they know why you have written to them.

10

Structure Notices is two months and for Line of Junction and 3 or 6-metre

Notices is one month. If you do not know exactly when your works will start

you may wish to add “or thereafter”.

11 You may wish to start earlier than the one-month or two-month notice period

but can only do so with your neighbour’s written agreement. You may wish to

add “or sooner with your written agreement”.

12

use - based on example letters 2 and 3 for Party Structure Notices, 5 or 7 for

Line of Junction Notice or 9 and 10 for 3/6 Metre Notices.

13

and telephone number of the person you propose to use as the ‘agreed

surveyor’.

14

should sign unless one is authorized to sign for all joint owners. It is

recommended you also print your name.

15

to build - for example height, length, materials etc. You might wish to add

further information for your neighbour’s benefit – for example ‘forming part of

a single storey extension’ or include drawings.

16

you propose to carry out that affect the party structure or the adjacent building.

If special foundations are proposed, section 3(1)(b) then there is a need for plans,

sections and details of construction. In cases that do not involve special

foundation you still might wish to include drawings for your neighbour’s benefit

if they are available but this is not essential if works are properly described.

17 (3/6 metre Notice)

Date – This is the date your notice is posted or served. You should always dateTitle - If known give the full name/s, otherwise write “Sir or Madam”.Explanatory booklet - It is recommended that you provide a copy of this bookletDate of works – This must be after the end of the notice period, which for PartyAttached letter - It is recommended you prepare a letter for your neighbour toAgreed Surveyor’s name - It is recommended that you give the name, addressBuilding Owner’s signature - Remember to sign the notice. All joint owners(Line of Junction Notice) Description of the wall – Describe the wall you intend(Party Structure Notice) Description of the works “Give full details of the works “

Description of the excavation and works.

to lay drainage/foundations” will suffice if the drawings clearly show what is

proposed.

- A simple description such as “excavate

Drawings.

the depth of the proposed excavations and the location of any proposed building

or structure. It is also advisable for the drawings to show the position of the

adjoining building in relation to the excavations.

– It is a requirement of the Act that drawings are provided showing

Safeguarding the Adjoining Owner’s foundations.

Adjoining Owner whether you intend to underpin or otherwise strengthen or

safeguard the foundations of his building or structure.

– You are required to tell the

27

Example letter 1 – Party Structure Notice.

To

Of

Adjoining Owner [see note 4]Adjoining Owner’s main address [see note 5]

Date

Dear

[see note 7]title [see note 8]

The Party Wall etc Act 1996

Notice of proposed works – Party Structure Notice.

As the owner/s of

premises at

of

rights under section 2 of the Party Wall etc Act 1996 I/we intend to carry out building

works.

[

information about the Act.] [See note 9]

The proposed works are:

The proposed works

note 16 add

construction]

I/we intend to start works on

the 2 month notice period add

agreement - see note 11]

If you are content for the works to go ahead as proposed please complete, sign and

return the attached letter [See note 12] within 14 days of receiving this letter.

If you do not confirm in writing that you are content for the work to go ahead as

proposed we will be ‘in dispute’ under the Act.

In the event of any dispute between us under the Act, would you be willing to agree

to the appointment of an ‘Agreed Surveyor’?

If the answer is yes I suggest using

be happy to receive your alternative proposal.

If the answer is no, please let me know whom you would appoint as your surveyor.

Yours sincerely

Building Owner’s building [see note 3] which is adjacent to yourAdjoining Owner’s building [see note 6] I/we Building Owner [see note 1]Building Owner’s main address [See note 2] notify you that in accordance with ourOnly if applicable add – The enclosed explanatory booklet provides moredescription of the works [see note 16]do / do not involve special foundations, [Only if applicable, see- and as such I attach the relevant plans, sections and details ofdate of works [see note 10] [if you want to start within- or on the earlier date of [date] with your writtenAgreed Surveyor’s name [See note 13] but would

Building Owner’s signature/s

[See note 14]

28

Example letter 2 – Positive Acknowledgement of

Party Structure Notice.

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I am / We are content for the works set out in your notice to go ahead as proposed.

[

I/We

[

expired add:

I/We

content* / not content* for you to start work on the earlier date of [date]

Yours sincerely

Signed: Date:

Name: Print name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

[see note 3] and without prejudice to any of my/our rightsOnly if the proposed works involve special foundations add:]Adjoining Owner give/withhold consent to the special foundations.Only if proposing to start work before the 2 month notice period has]Adjoining Owner am/are * Delete as appropriate

29

Example letter 3 – Negative Acknowledgement of

Party Structure Notice.

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice/s dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I am / we are not content for the works set out in your notice to go ahead as

proposed.

My/Our objections are:

*** As we are now in dispute under the Act, I/we concur in the appointment of

Agreed Surveyor’s name [see note 13] to act as agreed surveyor.

*** As we are now in dispute under the Act, I/we do not agree with your proposal

for agreed surveyor and propose

Insert Surveyor’s name

and contact details

as an alternative to act as agreed surveyor or as my/our surveyor if you do not

concur.

*** As we are now in dispute under the Act, I/we shall be appointing:

Insert Surveyor’s name

and contact details

to act as my/our surveyor.

*** Delete two of the three options as appropriate.

Yours sincerely

Signed: Date:

Name: Print name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

[see note 3] and without prejudice to any of my/our rights

30

Example letter 4 – Line of Junction Notice –

new wall astride the boundary

To

Of

Adjoining Owner [see note 4]Adjoining Owner’s main address [see note 5]

Date

Dear

[see note 7]title [see note 8]

The Party Wall etc Act 1996

Notice of proposed works – Line of Junction Notice.

As the owner/s of

premises at

of

rights under section 1 of the Party Wall etc Act 1996 I/we intend to build at the Line

of Junction between our properties.

[

information about the Act.] [See note 9]

I/we would, with your written permission, like to build a new wall as a party wall

astride the boundary. If you are content for me/us to build a party wall astride the

boundary please complete, sign and return the attached letter [see note 12] within

14 days. If I/we do not receive your written permission or you dissent the wall will

be built wholly on my/our own land up to the boundary line

The proposed works are:

I/we intend to start works on

the 1 month notice period add

agreement - see note 11]

[

Act it is intended to put projecting foundations under your land.]

[

written permission, I wish to lay special foundations extending under your land.]

In the event of any dispute between us under the Act, would you be willing to agree

to the appointment of an ‘Agreed Surveyor’?

If the answer is yes I suggest using

be happy to receive your alternative proposal.

If the answer is no, please let me know whom you would appoint as your surveyor.

Yours sincerely

Building Owner’s building [see note 3] which is adjacent to yourAdjoining Owner’s building [see note 6] I/we Building Owner [see note 1]Building Owner’s main address [see note 2] notify you that in accordance with ourOnly if applicable add – The enclosed explanatory booklet provides moredescription of the wall [see note 15]date of works [see note 10] [if you want to start within- or on the earlier date of [date] with your writtenOnly if applicable add – Under the right given by section 1(6) of the Party Wall etcOnly if applicable add – Under section 7(4) of the Party Wall etc Act with yourAgreed Surveyor’s name [See note 13] but would

Building Owner’s signature/s

[See note 14]

31

Example letter 5 – Acknowledgement of Line of

Junction Notice.

New wall astride the boundary

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice/s dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I/We

Content* / Not content* for you to build a party wall astride the boundary between

our properties as proposed in your notice.

[

Content* / Not content* for you to place special foundations on our land [see note 10]

[

Content* / Not content* for you to start work on the earlier date of [date].

In the event of a dispute arising under the Act: *** Delete 2 of the 3 options as

appropriate.

*** I/we would concur in the appointment of

to act as agreed surveyor if required.

*** I/we would not agree with your proposal for agreed surveyor and would propose

Insert Surveyor’s name

and contact details

as an alternative to act as agreed surveyor or as my/our surveyor if required.

*** I/we would appointing:

Insert Surveyor’s name

and contact details

to act as my/our surveyor if required.

Yours sincerely

Signed: Date:

Name: Print name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

[see note 3] and without prejudice to any of my/our rightsAdjoining Owner am/are: * Delete as appropriateOnly if proposing to lay projecting special foundation add:]Only if proposing to start work before the 1 month notice period has expired add:]Agreed Surveyor’s name [see note 13]

32

Example letter 6 – Line of Junction Notice –

new wall wholly on your own land.

To

Of

Adjoining Owner [see note 4]Adjoining Owner’s main address [see note 5]

Date

Dear

[see note 7]title [see note 8]

The Party Wall etc Act 1996

Notice of proposed works – Line of Junction Notice.

As the owner/s of

premises at

of

rights under section 1 of the Party Wall etc Act 1996 I/we intend to build at the Line

of Junction between our properties.

[

information about the Act.] [See note 9]

The new wall will be built wholly on my/our own land up to the boundary line

The proposed works are:

[

Act it is intended to put projecting foundations under your land.]

[

written permission, I wish to lay special foundations extending under your land.]

I/we intend to start works on

the 1 month notice period add

agreement - see note 11]

In the event of any dispute between us under the Act, would you be willing to agree

to the appointment of an ‘Agreed Surveyor’?

If the answer is yes I suggest using

be happy to receive your alternative proposal.

If the answer is no, please let me know whom you would appoint as your surveyor.

Yours sincerely

Building Owner’s building [see note 3] which is adjacent to yourAdjoining Owner’s building [see note 6] I/we Building Owner [see note 1]Building Owner’s main address [see note 2] notify you that in accordance with ourOnly if applicable add – The enclosed explanatory booklet provides moredescription of the wall [see note 15]Only if applicable add – Under the right given by section 1(6) of the Party Wall etcOnly if applicable add – Under section 7(4) of the Party Wall etc Act with yourdate of works [see note 10] [if you want to start within- or on the earlier date of [date] with your writtenAgreed Surveyor’s name [See note 13] but would

Building Owner’s signature/s

[See note 14]

33

Example letter 7 –Acknowledgement of Line of

Junction Notice.

New wall wholly on your own land

N.B. An acknowledgement is not essential for a wall wholly on your own land

unless you intend to lay special foundations on the Adjoining Owner’s land or if

you want to start before the end of the notice period.

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice/s dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I/We

[

Content* / Not content* for you to place special foundations on our land

[

Content* / Not content* for you to start work on the earlier date of [date].

In the event of a dispute arising under the Act: *** Delete 2 of the 3 options as

appropriate.

*** I/we would concur in the appointment of

to act as agreed surveyor if required.

*** I/we would not agree with your proposal for agreed surveyor and would propose

Insert Surveyor’s name

and contact details

as an alternative to act as agreed surveyor or as my/our surveyor if required.

*** I/we would appointing:

Insert Surveyor’s name

and contact details

to act as my/our surveyor if required.

Yours sincerely

Signed: Date:

Name: Print Name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

[see note 3] and without prejudice to any of my/our rightsAdjoining Owner am/are: * Delete as appropriateOnly if proposing to lay projecting special foundation add:]Only if proposing to start work before the 1 month notice period has expired add:]Agreed Surveyor’s name [see note 13]

34

Example letter 8 – 3/6 Metre Notice.

To

Of

Adjoining Owner [see note 1]Adjoining Owner’s main address [see note 2]

Date

Dear [see note 4]

[see note 3]

The Party Wall etc Act 1996

Notice of proposed works – Party Structure Notice.

As the owner/s of

premises at

of

rights under

Building Owner’s building [see note 5] which is adjacent to yourAdjoining Owner’s building [see note 6] I/we Building Owner [see note 7]Building Owner’s main address [See note 8] notify you that in accordance with our

Add either

within 3 metres of your building and to a lower level than the bottom of your

foundations by carrying out the building works detailed below.]

[section 6(1) of the Party Wall etc. Act 1996 that I/we intend to build

Or add

metres of your building and to a lower level than the bottom of your foundations

(measured by a 45° line) by carrying out the works detailed below.]

[

information about the Act.] [See note 9]

The proposed works are:

The accompanying plans and sections show the site of the proposed building and the

excavation depth proposed. [see note 17]

I/we do* / do not* propose to underpin or otherwise strengthen in order to

safeguard the foundations of your property. [see note 17]

I/we intend to start works on

the 1 month notice period add

agreement - see note 11]

If you are content for the works to go ahead as proposed please complete, sign and

return the attached letter [See note 12] within 14 days of receiving this letter.

If you do not confirm in writing that you are content for the work to go ahead as

proposed we will be ‘in dispute’ under the Act.

In the event of any dispute between us under the Act, would you be willing to agree

to the appointment of an ‘Agreed Surveyor’? If yes I suggest using

name

please let me know whom you would appoint as your surveyor.

Yours sincerely

[section 6(2) of the Party Wall etc. Act 1996 that I intend to build within 6Only if applicable add – The enclosed explanatory booklet provides moredescription of the excavation and works [see note 17]date of works [see note 10] [if you want to start within- or on the earlier date of [date] with your writtenAgreed Surveyor’s[See note 13] but would be happy to receive your alternative proposal. If no,

Building Owner’s/s’signature/s

[See note 14]

35

Example letter 9 – Positive Acknowledgement of

3/6 Metre Notice.

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice/s dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I am / We are content for the works set out in your notice to go ahead as proposed.

[

[see note 3] and without prejudice to any of my/our rightsOnly if proposing to start work before the 1 month notice period has expired add:

I/We Adjoining Owner am/are * Delete as appropriate

content* / not content* for you to start work on the earlier date of [date].]

Yours sincerely

Signed: Date:

Name: Print name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

36

Example letter 10 – Negative Acknowledgement

of 3/6 Metre Notice.

To

Of

Building Owner [see note 1]Building Owner’s main address [see note 2]

The Party Wall etc Act 1996

Acknowledgment of Notice

As Adjoining Owner/s under the Act of

having received notice/s dated

Adjoining Owner’s building [see note 6] anddate [see note 7] in respect of proposed works at

Building Owner’s building

under the Act,

I/we are not content for the works set out in your notice to go ahead as proposed.

My/Our objections are:

*** As we are now in dispute under the Act, I/we concur in the appointment of

Agreed Surveyor’s name [see note 13] to act as agreed surveyor.

*** As we are now in dispute under the Act, I/we do not agree with your proposal

for agreed surveyor and propose

Insert Surveyor’s name

and contact details

as an alternative to act as agreed surveyor or as my/our surveyor if you do

not concur.

*** As we are now in dispute under the Act, I/we shall be appointing:

Insert Surveyor’s name

and contact details

to act as my/our surveyor.

*** Delete two of the three options as appropriate.

Yours sincerely

Signed: Date:

Name: Print name/s

Please note all joint owners should sign.

Please also print your name/s and date the letter.

[see note 3] and without prejudice to any of my/our rights

37

If you are not sure whether the Act applies to the work that you are planning, you

should seek professional advice.

The following is a body of people from various disciplines with a specific interest in

party wall matters and the Party Wall etc. Act 1996. They can usually put you in

contact with local members who are generally willing to provide general and

informal advice about the Act. (Any advice given should not be seen as being

endorsed by the Department for Communities and Local Government).

The Pyramus & Thisbe Club

Rathdale House, 30 Back Road, Rathfriland BT34 5QF

Tel: 028 4063 2082

Fax: 028 4063 2083

E-mail: p&t@rathdale.globalnet.co.uk

Web-site: http://www.partywalls.org.uk/

The following professional bodies are willing to provide general and informal advice

about the Act. (Any advice given should not be seen as being endorsed by the

Department for Communities and Local Government)

The Association of Building Engineers (ABE)

Private Practice Register, Lutyens House, Billing Brook Road, Weston Favell,

Northampton, NN3 8NW

Tel: 01604 404121

Fax: 01604 784220

The Royal Institution of Chartered Surveyors (RICS)

Technical Services Unit,

12 Great George Street, London, SW1P 3AD

Tel: 020 7222 7000 (extension 492)

Fax: 020 7695 1526

The following bodies hold lists of their members who may be willing to

provide professional advice or act as a "surveyor" under the Act. (Any advice given

should not be seen as being endorsed by the Department for Communities and

Local Government.)

The Association of Building Engineers (ABE)

Private Practice Register, Lutyens House, Billing Brook Road, Weston Favell,

Northampton, NN3 8NW

Tel: 01604 404121

Fax: 01604 784220

Faculty of Party Wall Surveyors (FPWS)

19 Church Street, Godalming, Surrey, GU7 1EL

Tel: 01424 883300

PART 6:

Further Information

38

British Institute of Architectural Technologists (BIAT)

397 City Road, London, EC1V 1NH

Tel: 020 7278 2206

Fax: 020 7837 3194

E-mail: info@biat.org.uk

Web-site: www.biat.org.uk

The Pyramus & Thisbe Club

Rathdale House, 30 Back Road, Rathfriland. BT34 5QF

Tel: 028 4063 2082

Fax: 028 4063 2083

E-mail: p&t@rathdale.globalnet.co.uk

Web-site: http://www.partywalls.org.uk/

The Royal Institute of British Architects (RIBA)

RIBA Client Services, 66 Portland Place, London, W1N 4AD

Tel: 020 7307 3700

Fax: 020 7436 9112

The Royal Institution of Chartered Surveyors (RICS)

Contact Centre, 12 Great George Street, London, SW1P 3AD

Tel: 0870 333 1600

Fax: 020 7334 3811

Further copies of this booklet and copies of "Planning: a Guide for Householders",

and "Building Regulations: Explanatory Booklet" are available, free of charge, from:

Communities Free Literature

PO Box 236, Wetherby, West Yorkshire, LS23 7NB

Tel: 0870 1226236

Fax: 0870 1226237

Textphone: 0870 1207405

E-mail: communities@twoten.com

The Act and related Statutory Instruments

The Party Wall etc. Act 1996

published by HMSO, ISBN 0-10-544096-5, £3.80

The Party Wall etc. Act 1996 (Commencement) Order 1997 (SI 1997/670 (c.24))

published by TSO, ISBN 011-064-2139, £0.65

The Party Wall etc. Act 1996 (Repeal of Local Enactments) Order 1997 (SI 1997/671)

published by TSO, ISBN 011-064-2120, £1.10

39

40

Other publications

The Department for Communities and Local Government is aware of (but does not

necessarily endorse) the following publications:

"The Party Wall Act Explained"

published by The Pyramus & Thisbe Club, ISBN 0-9520704-1-3, £15.00

"Party Walls & What To Do With Them"

(fourth edition), published by RICS Books, ISBN 085-406-7868, £14.95

"Party Walls: The New Law" published by Jordans, ISBN 0-85308-401-7, £30.00.

NOTES

Department for Communities and Local Government

Eland House

Bressenden Place

London SW1E 5DU

Telephone 020 7944 4400

Website www.communities.gov.uk

© Crown copyright 2002.

Copyright in the typographical arrangement and design rests with the Crown.

This publication (excluding the Royal Arms and logos) may be reproduced free of charge

in any format or medium provided that it is reproduced accurately and not used in a

misleading context. The materi






 
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