Planning Application - Party Wall Agreement or not ?

[LIZS]

If work is proposed to the rear of one property, where the only exterior access is via land owned by an adjacent property and the external side wall which is potentially being affected adjoins this access forming the boundary, would a Party Wall Agreement be required? Who determines this and at what stage ? Could access be restricted to certain times of day, for example, through a PWA or response to the council ? tia

The definitive guide in plain English is here www.gov.uk/party-wall-etc-act-1996-guidance

You don't need a PWA to gain access to other's property - you need one if its a party wall in the traditional sense or if your build forms the boundary between properties, or you are digging near their foundations.

Also, no one really polices them anyway - there is no sanction for not having one, although its best to do!

so if an external wall is rebuilt and is on the boundary then a pwa is required. How near is deemed excavating near the foundations of neighbouring property I wonder.

The 'near' is within 3m or 6m as explained on page 18 here www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc.Act_1996-_Explanatory_Booklet.pdf.

We've just started an extension and found the party wall act the most confusing part of the whole process!

thanks, that is a weighty document, may have to wade through tomorrow . The wall in question goes up to boundary not astride it Seems pretty spineless legislation though if the only redress is a court injunction.