Party Wall or Boundary Wall

The redevelopment of urban brownfield sites and extending/altering properties within towns is something most of the adult population gets involved with at some point in their lives. Most people, albeit in a rudimentary manner, have a limited awareness of the process and generally know that Planning Approval may need to be gained from the Local Authority to legally facilitate the works.

Many people, if asked, would specify that Planning Consent for the works may be required and would at least check whether their proposed works needed consent or not. However, the Approval process does not stop there; contrary to ill informed beliefs!

Some slightly more informed on the process would specify that the construction works would also need Building Regulations Approval.

The majority of the population believe that if you have Planning Consent and Building Regulation Approval, that you can then legally proceed with the construction works, setting aside issues such as Listed Building Consent. The construction density within our towns and cities is intensifying to such a degree that this statement is rarely true and lawful. Many of you at this stage are saying; Why?

In the UK, in 1996, the Party Wall Etc. Act 1996 gained statute. However, the definition and legal impact of this piece of legislation is somewhat lost in its name; “Party Wall Act”. This Act does not only legislate and control works to walls which are shared by adjoining owners. It also puts controls and restrictions on works by an owner, even when carrying out works totally on their own land.

These works must be designed and constructed to a pre-agreed standard by both parties or their nominated and appointed Party Wall Surveyors/Engineers on each side of the boundary. The approved works must respect the boundary owned by others and their neighbours, nearby structures and buried services. It is a criminal offence by the owners instructing the works not to do so in situations where the Act has been enacted. These construction works can immediately be stopped by the adjoining owners gaining and serving a County Court Injunction/Summons against the owners of the works for not complying with the requirements of the Party Wall Etc. Act 1996.

It is strongly recommended that all proposed construction works are reviewed by a professional person to check whether a Party Wall Agreement is needed or not. It is suggested that an Agreement is needed on many more projects than one would realise.

Another passing comment to consider, which many householders and builders are not aware of, even when an extension does not need Planning Approval or a Party Wall Agreement, it may still need Approval from the Local Water Utility Company for works in the vicinity of their plant/apparatus! A blog subject for another day.

The “Google Age” self-administering approach by the general public on these items has made the potential for very costly oversights far more commonplace.