- The Party Wall Act aims to facilitate development and allow works to progress.
- Where a neighbouring Building Owner wants to carry out certain works, they must comply with the provisions of the Party Wall etc. Act 1996.
- Adjoining Owner’s Guide to the Party Wall etc. Act 1996
Adjoining Owner’s Guide to the Party Wall etc. Act 1996
The Party Wall etc. Act 1996 provides important rights for neighbours and Adjoining Owners affected by building works. Our chartered Party Wall surveyors have a wealth of knowledge to protect your interests.
What is an Adjoining Owner?
-
The Party Wall Act defines an Adjoining Owner as any owner, whether they are freeholders of leaseholders of land, buildings, storeys or rooms adjoining those of neighbouring Building Owners, and for the purposes only on Section 6 within the distances specified in that Section.
Building Owners' Duties under the Act
Party Wall Notices
-
For works that fall under the Act notice needs to be served on all Adjoining Owners.
-
Notice(s) need to be served in writing and should normally be issued at least 2 months in advance of any works.
-
Adjoining Owner(s) have 14 days to reply to a notice and can either consent or dissent to the works.
In the event of a dispute
- Each owner must appoint a Party Wall Surveyor or agree to a single ‘agreed’ Surveyor to act on both parties’ behalf.
- The Surveyor(s) subsequently make an Award; ‘Party Wall Award’.
Party Wall Awards
-
The works to be carried out.
-
How and when the works are to be carried out (to limit times of noisy works, etc.)
-
The Award will also contain a Schedule of Condition to record the current condition of the property.
Adjoining Owners' Rights
You cannot stop Building Owners exercising rights afforded to them under the Party Wall Act. But under the Act an Adjoining Owner has the right to:
-
Appoint a surveyor to resolve any dispute, which is paid for by the Building Owner under the Act.
-
Require reasonable measurers to be taken to protect your property.
-
Not to endure any unnecessary inconvenience.
-
Be compensated for loss or damage caused by the works.
Failure to follow the provisions of the Party Wall Act
If a Building Owner is about to start works and hasn’t served notice, we would recommend you contact us so we can advise you accordingly.
Key contacts
Related Services
Academies & Colleges
At Roger Hannah we understand the pressures that schools face in ensuring their buildings are maintained and up to standard…
Find out more
Commercial Building Surveys
Property Acquisition is one of the most significant costs for many companies and investors; and commercial building surveys are important…
Find out more
Dilapidations
Whether you are a commercial property landlord, tenant, owner or occupier and need dilapidations advice, our team can help you…
Find out more
Insurance Surveying Services
We provide independent surveying expertise for private clients, major loss adjusters and insurers with nationwide capability. Our surveyors work across…
Find out more
Planned Preventative Maintenance
Prevention is better than cure and provides a more economical option. Planned Preventative Maintenance (PPMs) programmes are an essential tool…
Find out more
