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Trevor Hultquist Associates

BUILDING SURVEYORS

How Can We Help?

The Act is a complex matter and we invite you to telephone our office to discuss your situation and responsibilities under the Party Wall etc. Act 1996.

This telephone service is free for up to 30 minutes and without obligation.

If you pass your curser over the diagrams or buttons, further explanatory text will give you more of an insight into the Act.

Do I Need to Serve Notice Under the Act?

If you are intending to carry out works to your property and any of the following apply:-


  1. You are intending to build a wall astride or at the line of junction (boundary)

or

  1. You share a wall or that there are structures belonging to your neighbour that are connected to, abut or are near your property within the area of the proposed works

or

  1. You intend to excavate (for any reason) within 3.0m and to a lower level than the foundations of an adjoining owner’s building or structure

or

  1. You intend to excavate (for any reason) within 6.0m of an adjoining owner’s building or structure where the depth of the proposed excavation would be lower than a 45 deg line drawn down from the junction of the adjoining owners wall and the underside of their foundation.


Then the answer is likely to be YES! and it is your Statutory Duty by Law to issue the appropriate notice of the notifiable works to any affected adjoining owner (this includes flats and leaseholders of more than 1 year)

Party Wall Matters

Party Wall

Example For Adjacent Excavation

Example For Line of Junction

Contact Details:

London

0203 330 6528


South East

(Surrey, Sussex and Kent)

01293 885072

e-mail: info@thasurveyors.com

I Have Been Sent a Notice by my Neighbour

You will need to follow the procedure as laid down by the Act which, if you pass the mouse over the ‘Procedures’ Box, will give you more detail .

My Neighbour Has Started Work Without a Notice

If you are certain that your neighbour (the “Building Owner”) is acting in a way that requires action under the Act but has not followed it, you should seek an injunction from the County Court.

This will take the form of an application for Interlocutory Relief which will be heard by a judge who will listen to your concerns but, on granting the injunction, will require you to give a cross-undertaking in damages i.e. if there is no infringement then you will bear the costs of the Building Owner.