The Party Wall etc. Act 1996 (Commencement) Order 1997

Statutory Instruments

1997 No. 670 (C.24)

BUILDING AND BUILDINGS

The Party Wall etc. Act 1996 (Commencement) Order 1997

Made

6th March 1997

The Secretary of State in exercise of the powers conferred upon him by section 22 of the Party Wall etc. Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Party Wall etc. Act 1996 (Commencement) Order 1997.

2.  In this Order “the Act” means the Party Wall etc. Act 1996.

3.  The Act shall come into force on 1st July 1997.

Transitional Provisions

4.  Sections 1, 2 and 6 of the Act shall not apply to any work commenced before 1st September 1997 in accordance with any agreement, easement or right, other than a right arising under or by virtue of the Act.

5.  Nothing in article 4 shall apply to land situated in any part of Greater London where, prior to the coming into force of the Act, Part VI of the London Building Acts (Amendment) Act 1939(2) applied.

Signed by authority of the Secretary of State

James Clappison

Parliamentary Under-Secretary of State,

Department of the Environment

6th March 1997

Explanatory Note

(This note is not part of the Order)

This Order brings the provisions of the Party Wall etc. Act 1996 (“the Act”) into force on 1st July 1997.

Article 4 provides that sections 1, 2 and 6 of the Act shall not apply to work commenced before 1st September 1997 where that work is carried out in accordance with any agreement, easement or right other than a right arising under or by virtue of the Act. This means that such work can begin without prior notice under the Act, provided that it does so before 1st September 1997.

Article 5 states that article 4 does not apply to any part of Greater London to which Part VI of the London Building Acts (Amendment) Act 1939 applied before 1st July 1997.

(1)

1996 c. 40.

(2)

2 & 3 Geo 6c xcvii.