Page 30 - Planning Application Guide (Template)

Planning Application Guide
Party Wall etc. Act 1996 (‘96 Act)
What is a party wall?
The Act recognises two main types of party wall:
Party wall type A
A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) di erent owners. Such a wall: • is part of one building, • or separates two (or more) buildings, • or consists of a “party fence wall”. A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of di erent owners and is used to separate those lands (e.g. a garden wall, but this does not include timber fences or hedges).
Party wall type B
A wall is also a “party wall” if it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings.
An example would be where one person has built the wall in the rst place, and another has built their building up against it without constructing their own wall.
Only the part of the wall that does the separating is “party” - sections on either side or above are not “party”.
The Act also uses the expression “party structure”. This term could include a wall or a partition or other structure which separates buildings or parts of buildings approached by separate staircases or entrances (e.g. ats)
When is a wall not a party wall?
When the wall is a boundary wall, which is a fence wall/garden wall built wholly on one owner’s land. An external wall (the wall of a building built up to but not astride the boundary) is not a party wall .
What does the Act do?
The ‘96 Act provides a framework for resolving disputes in relation to party walls.
Anyone intending to carry out work anywhere in England and Wales (see below -’What does the ‘96 Act cover) must give adjoining owners notice of their intentions. The Act applies even to Crown, Government and Local Authority owned property
It is often helpful in understanding the principles of the ‘96 Act if owners think of themselves as joint owners of the whole of a party wall rather than the sole owner of half or part of it. The Act applies throughout England and Wales. (The Act does not apply to Scotland or Northern Ireland)
Where the intended work is to an existing party wall (section 2 of the Act) a notice must be given even where the work will not extend beyond the centre line of a party wall.
Note: A party wall may not necessarily have a boundary running through its centre line for the whole of its length but for only part of its length.
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