Wednesday 31st March 2021
Abbie Reid MSc BA Hons MFPWS

Getting to know the Party Wall etc. Act 1996.

1. What is Section 1 of the Act?
This Section of the Act deals with new buildings on the line of junction.

2. What is a line of junction?
An imaginary line dividing the lands of adjoining owners. Unlike a boundary line the Line of Junction also extends upwards.

3. How close to the Line of Junction does the wall have to be for it to be considered notifiable under the Act?
The new wall needs to be on or up to the line of junction.

4. What happens if the Adjoining Owner does not want the new wall proposed by the Building Owner to straddle the Line of Junction?
Then the new wall needs to be built on the line of junction but wholly on the Building Owners' land (not astride the boundary).

5. What is Section 2 of the Act?
Rights of the owner regarding repairs etc. of the party wall.

6. What does the Act say about overhanging projections from a neighbours' property?
You are able to cut away any projections such as footings/chimney breasts, which are on or over his land, in order to raise, build or underpin a wall on the boundary.

7. What is Section 6 of the Act?
This Section of the Act deals with adjacent excavations within 3 or 6 metres and to a lower depth of the Adjoining Owners' foundations.

8. What section would be used to erect a timber fence on the boundary?
The Act does not cover timber fencing as it is not considered a 'structure'.

9. Can I remove my neighbours' fence to allow for excavation along the boundary?
Yes, as long as it is considered necessary and in pursuance of the notifiable works.

10. A continuous foundation trench is designed to be excavated against a neighbour's wall, could this cause any issues?
It could pose a potential risk of the building collapsing into the trench if left open. It is suggested that it be done using a sequential excavation method (also known as hit and miss) to minimise the risk.
If you have any further Party Wall related queries, please feel free to contact us on 0208 426 1448.