On April 06 2016, the first amendment to The Party Wall etc. Act came into force, since it was enacted in 1996.
The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 was approved by the Department for Communities and Local Government on 10th March 2016.
What Amendment has been made to the Party Wall etc. Act?
The Order amends section 15 of the Party Wall etc. Act 1996, which is in relation to the service of notices. Previously legislation allowed for notices and documents to be served or given only in person or by post. This amendment will mean that notices and documents pursuant to the provisions of the Act may be achieved by electronic communications, provided that the intended recipient has stated a willingness to receive them by those means.
The new section 15 (1a&c) states that ‘a notice or other document required or authorised to be served under this Act may also be served on a person (“the recipient”) by means of an electronic communication, but only if— (a) the recipient has stated a willingness to receive the notice or document by means of an electronic communication; and (c) the notice or document was transmitted to an electronic address specified by the recipient.’
A Party Wall usually separates buildings belonging to different owners, but could include garden walls built astride a boundary (known as party fence walls). The Act is designed to avoid and minimise disputes. It makes sure property owners notify adjoining owners in advance of proposed works. It’s important to remember that notice should be served even if works are being undertaken only to your side of a wall.
If you need advice on Party Wall matters, please contact RMA Surveyors. We are members of the RICS and provide surveying and advice in compliance with The Party Wall etc. Act 1996. We act on behalf of building owners and adjoining owners, as well as agreed surveyors for both parties. Call us on 01635 579208 or complete the enquiry form.
