Building Owner Proposing Works
Under the Party Wall etc. Act 1996, a building owner refers to the individual or entity that owns the property where the construction, renovation, or alteration work is planned or being carried out. This owner intends to undertake the work that could potentially affect a party wall or boundary line shared with an adjacent property.
The building owner has certain responsibilities outlined in the Act. These include serving notice to adjoining owners about the proposed work, obtaining necessary permissions, and, if required, appointing surveyors to create a party wall Award (agreement). Additionally, the building owner is typically responsible for covering the costs associated with the party wall surveyors and any necessary work to ensure compliance with the Act.
To get a tailored fixed fee quotation for your project please get in touch with us today.
SPEAK TO A SURVEYORDo I need to serve a notice for the works I am Prosing?
In order to establish if the works you are proposing are indeed covered by the Act please read through the summerised sections below which should help you to clearly identify the need for or exemption of notices required under the Party Wall Etc Act.
Generally the Party Wall Etc Act 1996 should be considered if any of the following works are proposed and there are neighbouring properties in close vicinity:
- Loft conversion
- Extensions
- Re-roofing
- Underpinning
- Excavations for investigation, drainage or substructure works
- Alterations and internal refurbishment to adjoining structures
Notifiable works are either works that directly affect a Party Wall or Party Structure; Works to an existing party fence wall or new party fence wall or wall built to the line of junction between two properties or where excavation is required within 3 or 6 meters of a neighbouring structure (more specifically defined below. To increase awareness of the Party Wall Act and to ensure that any works that are subject to the Act are notified correctly we hope that the information below is useful. The aim of this article is to ensure that the protection of the Act is applied wherever it is necessary.
Work to a party wall or party structure
Works which a Building Owner has the right to undertake under the Party Wall Etc Act 1996 to a party wall or party structure are listed under section 2(2). We have detailed these below:
(a) ‘To underpin, thicken or raise a party structure, a party fence wall, or an external wall which belongs to the building owner and is built against a party structure or party fence wall’
(b) ‘To make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall’
(c ) ‘To demolish a partition which separates buildings belonging to different owners but does not conform with statutory requirements and to build instead a party wall which does conform’
(d) ‘In the case of buildings connected by arches or structures over public ways or over passages belonging to other persons, to demolish the whole or part of such buildings, arches or structures which do not conform with statutory requirements and to rebuild them so that they do so conform’
(e) ‘To demolish a party structure which is of insufficient strength or height for the purposes of any intended building of the building owner and to rebuild it of sufficient strength or height for the said purposes (including rebuilding to a lesser height or thickness where the rebuilt structure is of sufficient strength and height for the purposes of any adjoining owner)’
(f) ‘To cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course)’
(g) ‘To cut away from a party wall, party fence wall, external wall or boundary wall any footing or any projecting chimney breast, jamb or flue, or other projection on or over the land of the building owner in order to erect, raise or underpin any such wall or for any other purpose’
(h) ‘To cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner’
(j) ‘To cut into the wall of an adjoining owner’s building in order to insert a flashing or other weather-proofing of a wall erected against that wall’
(k) ‘To execute any other necessary works incidental to the connection of a party structure with the premises adjoining it’
(l) ‘To raise a party fence wall, or to raise such a wall for use as a party wall, and to demolish a party fence wall and rebuild it as a party fence wall or as a party wall’
(m) ‘Subject to the provisions of section 11(7), to reduce, or to demolish and rebuild, a party wall or party fence wall to –
(i) a height of not less than two metres where the wall is not used by an adjoining owner
(ii) to any greater extent than a boundary wall; or a height currently enclosed upon by the building of an adjoining owner
(n) ‘To expose a party wall or party structure hitherto enclosed subject to providing adequate weathering’
The notice period for works under section 2 of the Act is 2 calendar months.
Excavation close to an Adjoining Owner’s structure.
Now this is where the ETC bit comes into the Act. I guess no one could think of a more concise way to word it!! Notice is required under the act where excavations that may affect the stability of neighbouring foundations is considered possible.
Excavations are covered by section 6 of the Act and are divided in to two parts. Below are the definitions from the act
Section 6(1), where:
(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and
(b) any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.
Section 6(2), where:
(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner; and
(b) any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.
The notice period for excavation work which comes within the scope of the Act is 1 calendar month.
The construction of a new wall at the line of junction between two propertieseither solely on the land of the building owner or astride the boundary line.
There are two practical reasons why a Building Owner might want to carry out work detailed under this section of the Act:
1. To maximise the usable space of an extension by increasing the width of it to astride the boundary line.
2. To replace an existing boundary wall, fence, hedge or erect a wall where the boundary is not enclosed with a party wall or party fence wall.
The notice period for building a new wall at the line of junction is 1 calendar month.
Contact us for a FREE quote today
If you would benefit from instant advice directly froma party wall expert then please contact one of our team on 0800 311 2077 or fill in our contact form, where a surveyor or technical advisor will be able to assist you
with your enquiry.
