Stick with law when planning
Here is some information for anyone living in a semi-detached or terraced house and planning some building work that would be covered by the Party Wall Act 1996. There are some things you can do only with the written agreement of the neighbour, for example excavating foundations within three metres of an adjoining structure and lower than its foundations.
If you intend to do any of the things listed in the Act, you must by law give written notice to your neighbour at least two months before starting the wall works.
If possible, talk to your neighbours in detail about the work you want to do before giving them an official written notice. If you can sort out any potential problems in advance, they should give you written agreement in response to your notice, which they (the neighbours) must do within 14 days.
A draughtsman paid to draw up plans should be fully conversant with the 1996 Act and advise his client accordingly, but that doesn't always happen.
Once planning permission is approved, the developer has about five years in which to complete the works, thus ample time to inform the neighbour and stay within the law. In the event of a dispute under this Act, generally the building owner who started the work pays for all expenses.
Neither planning nor building control mention this legal requirement to the applicant.
The Royal Institution of Chartered Surveyors can provide up to 30 minutes of free impartial advice on all building construction matters on 0870 333 1600. So give them a call if unsure about something.
They also provide some free guides.
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