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Party Wall etc. Act 1996
+ Neighbourly Matters
In England and Wales, the Party Wall etc. Act 1996 provides legislation on the relationship between the neighbouring owners and specific types of construction work or in close proximity to the boundary.
During the course of construction work, it may be necessary to enter into agreements with the neighbouring owners to facilitate the use of scaffolding, tower cranes etc.
Party Wall etc. Act 1996
James Crowley is the past London and National Chair of The Pyramus and Thisbe Society, an organisation with a great interest in party wall and neighbourly matters.
Having been involved in projects across the UK for both domestic properties and larger, city centre developments, we have experience and knowledge of the more complicated methods of construction, including temporary restraint works, piling to form a triple basement and jet grouting. We have also negotiated licences for the use of scaffolding and tower cranes.
Services Provided
- Party Wall advice
- Serving Notices under the Act
- Schedules of Condition
- Agreeing Award documentation
- Scaffolding, Tower Crane and Access Licences
Over the past four years, CHP have worked very successfully with us in their capacity as party wall surveyors. Through his calm, sensible approach and excellent communication skills James Crowley, in particular, gained the trust and confidence of the entire team and stakeholders. Looking forward to working with CHP again.”
- Clare Goggin, Jackson Coles
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FAQ
What is the difference between daylight and sunlight and rights to light?
Daylight and sunlight refer to a set of guidelines that are used by the Local Planning Authority, when considering planning applications. These are guidelines and relate only to habitable rooms. Rights of Light is an easement that any window can acquire, generally by being over 20 years old.
If a scheme has planning consent, can I object on a rights to light basis?
Planning does not consider rights of light and therefore even though a scheme may have been granted planning permission, it can still result in an infringement to a neighbouring properties right of light.
Can planning consent be granted if a daylight and sunlight report demonstrates that not all properties meet the recommended targets?
The numerical values in relation to daylight and sunlight are guidelines and there are many factors that need to be taken into consideration when reviewing the results of an analysis. As a result, it is not necessary that these are achieved in all instances.
When should I serve a party wall notice on my neighbour?
If the works require Notice to be served, then it is recommended that these are served at least 3 months prior to them being undertaken, although the minimum is 2 months for works to a party wall and one month in relation to excavations.
Can I prevent works under the Party Wall etc. Act 1996 being undertaken?
The Party Wall etc Act 1996 is an enabling Act to facilitate works, whilst ensuring appropriate protection is provided. If Notices are required, provided that the Act is complied with, the works cannot be prevented.
How long does it take for you to produce a daylight and sunlight report.
On average, we are able to undertake the required analysis and prepare the report within 2-3 weeks from instruction. It does however depend on the complexity of the project and the number of neighbouring properties that need to be assessed. We do advise of a turnaround time within our fee quotations.
I am concerned that my neighbour’s development will block my light. What can be done to protect my interests?
If it is considered that your light will be affected by a development, then we can write to the developer advising them of your concern and you are not prepared to accept this.
How much does it cost to undertake a daylight and sunlight assessment and produce the associated report?
We do not have a standard fee; we consider each individual project by reviewing the proposals for the site and the specific requirements. Our fee quotations are based on competitive hourly rates.
