Party Wall etc. Act 1996 (c. 40)
Document Generated: 2024-05-17
3
Changes to legislation: There are currently no known outstanding effects
for the Party Wall etc. Act 1996. (See end of Document for details)
C7
S. 1(2) modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 23 para. 2
C8
S. 1(5) modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 23 para. 2
C9
S. 1(6) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), s. 40, Sch. 14 para. 17(2)
C10
S. 1(6) restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1),
Sch. 23 para. 3
C11
S. 1(6) restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1),
Sch. 23 para. 3
2 Repair etc. of party wall: rights of owner.
(1) This section applies where lands of different owners adjoin and at the line of junction
the said lands are built on or a boundary wall, being a party fence wall or the external
wall of a building, has been erected.
(2) A building owner shall have the following rights—
(a) to underpin, thicken or raise a party structure, a party fence wall, or an external
wall which belongs to the building owner and is built against a party structure
or party fence wall;
(b) to make good, repair, or demolish and rebuild, a party structure or party fence
wall in a case where such work is necessary on account of defect or want of
repair of the structure or wall;
(c) to demolish a partition which separates buildings belonging to different
owners but does not conform with statutory requirements and to build instead
a party wall which does so conform;
(d) in the case of buildings connected by arches or structures over public ways
or over passages belonging to other persons, to demolish the whole or part
of such buildings, arches or structures which do not conform with statutory
requirements and to rebuild them so that they do so conform;
(e) to demolish a party structure which is of insufficient strength or height for the
purposes of any intended building of the building owner and to rebuild it of
sufficient strength or height for the said purposes (including rebuilding to a
lesser height or thickness where the rebuilt structure is of sufficient strength
and height for the purposes of any adjoining owner);
(f) to cut into a party structure for any purpose (which may be or include the
purpose of inserting a damp proof course);
(g) to cut away from a party wall, party fence wall, external wall or boundary wall
any footing or any projecting chimney breast, jamb or flue, or other projection
on or over the land of the building owner in order to erect, raise or underpin
any such wall or for any other purpose;
(h) to cut away or demolish parts of any wall or building of an adjoining owner
overhanging the land of the building owner or overhanging a party wall, to the
extent that it is necessary to cut away or demolish the parts to enable a vertical
wall to be erected or raised against the wall or building of the adjoining owner;
(j) to cut into the wall of an adjoining owner’s building in order to insert a flashing
or other weather-proofing of a wall erected against that wall;
(k) to execute any other necessary works incidental to the connection of a party
structure with the premises adjoining it;