SECTION1 PARTY WALL ACT

HERE WE EXPLAIN ABOUT WHAT’S A SECTION1 OF THE PARTY WALL ACT. IF YOU ARE NOT SURE PLEASE CONTACT OUR OFFICE FOR MORE INFORMATION.

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Section1 Party Wall Act

Introduction – Jason Edworthy

- Protect Yourself & Your Property -

WHERE DOES THIS APPLY?

The Section1 Party Wall Act came into force on 1 July and it applies throughout Wales and England. However, it does not apply to Scotland or Northern Ireland. The Act gives an outline which plays a role in preventing or resolving disputes concerning party walls, excavations and boundary walls near neighbouring buildings.

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WHAT IS A PARTY WALL?

A party wall is a wall that stands across the boundary of land belonging to two or more owners, or if it is on one owner’s land but it is used by two or more owners to separate their buildings.

The section affects where the lands of different owners adjoin. See our FAQs!

SECTION 1 PARTY WALL ACT COVERS:

The Party Wall Act covers three things: Any work that is to be carried out directly to a party wall, excavation within 3 or 6 meters of a neighbouring building or structure depending on the depth of the hole and a new building at or across the boundary line between properties. 

What Is The Party Wall Act?

The Party Wall Act Of 1925 Stated That Each Owner Of The Separated Properties Has Rights To Use The Party Wall. This Act Was Enforced In The Year 1997 In Wales And England.

Why not check out our FAQs to find out more.

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TIME FRAMES

If a building owner wants to build a party wall or party fence on the line of junction, one month prior the work begins he or she should serve the adjoining owner a notice concerning the intended wall.

WHO COVERS THE COSTS?

After being served a notice the adjoining owner serves the building owner a notice showing their consent to build a party wall.

The wall shall then build half on the land of the two owners or the position agreed by both of them.

The cost is to be shared in proportion to the use of the wall to be made by each of them.

WHAT IF THE PARTY WALL IS CONTESTED AFTER THE DEADLINE?

If the adjoining owner fails to consent, the building owner may build the wall but at their own expense and it should be placed entirely on their land.

A notice should be served and consent given within 14 days.

WHEN DO YOU NEED TO SUPPLY A PARTY WALL NOTICE?

If a building owner decides to build on the line of the junction a wall that is wholly on his land, he or she should serve the adjoining owner a notice one month before about the intended wall.

If the owner does so, work can begin one month after the notice was served and ends twelve months afterwards.

WHAT IF THERE IS DAMAGE?

If there is damage on the adjoining owner’s property or even an adjoining occupier after the building owner decides to construct a wall wholly on their land, they are to compensate for the loss.

This is if the damage is caused by the building of the wall or placing of foundations and footings.

WHAT IS SECTION 10?

If any dispute should come under this section up between the building owner and the adjoining owner or occupier, section 10 should be used to determine.

This means looking for surveyors to act for the parties involved.

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