ARE MY BUILDING WORKS NOTIFIABLE UNDER THE PARTY WALL ACT 1996?
Thursday 10th June 2021
Lea Streat BSc (Hons)
At Tayross Associates we are happy to receive drawings from Building Owners to advise which works are notifiable and which sections apply under the Party Wall etc. Act 1996. Not only will we advise which works are notifiable under the Party Wall Act but we will also give you practical advice which may save you time and money on your building project.
Party Wall Notice Type 1: Party Structure Notices
Regarding notifiable works on the Party Wall, if you are cutting into or away from the Party Wall these works are normally notifiable under Section 3 of the Act. Examples being:-
• Removal of a chimney breast.
• Insertion of bearing pads and steel beams into the Party Wall.
Raising the full thickness of the Party Wall as reflected between the properties.
• Injection into the Party Wall of a chemical damp proof course (DPC) or other DPC cut in.
• Underpinning of the Party Wall possibly connected with basement construction.
• Although we would not consider cutting into the Party Wall for the fixing of pictures or shelves or similar minor works as being notifiable under the Party Wall Act, we do advise; Building Owners to warn their neighbours in advance of potentially noisy works.
Party Wall Notice Type 2: Excavation Notices
Regarding notifiable works adjacent to your neighbour's property, this comes under Section 6 of the Act. If excavating within 3 metres and to a lower perceived depth than your neighbour's property then these works are notifiable under the Act. Equally, if you are piling then the distance increases to 6 metres.
As a precautionary measure, excavation adjacent to your neighbour's foundations should be carried out sequentially, in other words, a hit and miss base should be excavated no longer than 1.2m. This is to avoid any lateral displacement of your neighbour's foundations. A typical clause covering this in a Party Wall Award could be, "New strip foundations along the boundary with the Adjoining Owners are to be cast as a series of pads with a slip joint (to isolate proposed foundations from existing foundations of Adjoining Owner's/Owners' property) not exceeding 1200mm long and sequenced to minimize risk to Adjoining Owner's/Owners' foundations and to the satisfaction of the Building Owner's/Owners' engineer."
Party Wall Notice Type 3: Line of Junction Notices
If you are building a wall on the boundary, possibly replacing an existing garden wall then these works are notifiable under Section 1.
Now that you know which works are notifiable under the Party Wall Act, If you believe your building works fall into one of these categories, you will legally have to serve a notice onto your notifiable neighbours.
Feel free to contact us for more information.