Party Wall etc. Act 1996 Section 6

The Party Wall etc. Act 1996 is an important piece of legislation in the UK that provides a framework for resolving disputes and clarifying rights and responsibilities when work is being done on or near a shared wall (party wall) or other shared boundaries between neighboring properties. Section 6 of the Act is one of the key sections, and it specifically deals with “right to carry out work on a party wall”.

Section 6: Right to Carry Out Work on a Party Wall

Section 6 of the Party Wall etc. Act 1996 provides the legal framework for carrying out certain types of work on a party wall. This section applies to work that involves altering or improving a party wall that is shared by two properties, and it specifically refers to situations where work can be carried out without prior agreement of the adjoining owner (though this will often depend on the nature of the work). Here's a detailed breakdown:

Key Aspects of Section 6:

1. Definition of a Party Wall:

   • A party wall is a wall that stands on the land of more than one owner and is used by them both. This could be the wall between two properties, or part of the wall, or other structures like a boundary wall or a wall separating two properties that are built up to the boundary line.
   • The wall could be on the boundary, a separating wall within a building, or a boundary wall that straddles the land of two owners.

2. What Work Is Covered: Section 6 specifically applies when a person wishes to carry out work on a party wall, such as:

   < >Building on top of the wall (for example, adding an additional floor).Cutting into the wall.Making repairs, replacements, or alterations to a wall.Examples of work covered by Section 6 include:

    

   • Extension: If you want to extend your building or property and need to use a shared wall, this would be covered under Section 6.
   • Repairs: If repairs are required to the shared wall, for example, replacing or reinforcing the structure.
   • Insertion of beams or lintels: When inserting beams or other structural elements into the wall for support.

3. Obligation to Serve Notice:

   • Under the Party Wall Act, before starting any work covered by the Act (including those that fall under Section 6), the building owner (the person wishing to do the work) must serve a Party Wall Notice to the adjoining owner(s).
   • This notice is typically served at least 2 months before the intended work begins.
   • The notice will inform the adjoining owner of the proposed work, providing details of the intended alterations or repairs.

4. Consent:

   • The adjoining owner has the right to consent or object to the proposed works.
   • If the adjoining owner agrees to the works, the building owner can proceed without further formalities.
   • If the adjoining owner objects, then a party wall surveyor (or two surveyors, one for each party) will be appointed to resolve the dispute. If necessary, an agreement (called an Award) will be created to ensure the work can proceed in a way that is fair to both parties.

5. Access to Property:

   • In cases where the work requires access to the neighboring property, Section 6 allows the building owner to access the adjoining owner’s property to carry out the work. This access is typically limited to the minimum necessary and only at reasonable times, and the adjoining owner must be given prior notice.

6. Right to Make an Opening in the Party Wall:

   • Section 6 grants the building owner the right to make an opening in the party wall for things like installing windows or doors, as long as this is done in accordance with the notice served, and the adjoining owner has been informed.
   • The right to make such openings is subject to compensation if damage is caused, or the wall is altered.

7. Dispute Resolution Process:

   • If there is a dispute regarding the proposed work, the Party Wall Act provides for the appointment of a party wall surveyor. The surveyor’s job is to mediate between the parties and create an agreement (known as a “party wall award”) that sets out how the work should proceed, the compensation for damage (if any), and the procedures for handling any disputes that arise during the work.

   • In case the dispute cannot be resolved between the parties themselves, the surveyor will decide what is fair and reasonable, and both parties are typically required to abide by the party wall award.

What Happens If the Party Wall Act Is Not Followed?

If the necessary notice is not served, or work is carried out without complying with the requirements of the Party Wall Act:

• The building owner may be subject to legal action and may have to pay for any damages caused by the unauthorized work.
• The adjoining owner can seek an injunction to stop the work.
• A failure to follow the proper procedures can lead to expensive delays and additional legal costs.

Conclusion:

Section 6 of the Party Wall etc. Act 1996 is vital for ensuring that any work on or near a party wall is carried out in a way that is fair to both property owners. The key elements are the right to carry out work, notice requirements, access provisions, and the potential for dispute resolution through the appointment of surveyors. Adhering to this Act ensures that the rights of both property owners are respected and that any issues are resolved amicably and legally.