Party Wall Act

The Party Wall, etc. Act 1996 empowers property owners to undertake certain works that might otherwise be considered trespass or nuisance. However, it also aims to safeguard the interests of neighbouring property owners by requiring prior notice of such works and providing a dispute resolution mechanism.

1. What types of works are covered under the Party Wall, etc. Act of 1996?

The Act covers construction works including erecting new walls, dealing with existing party structures, and excavations near neighbouring land.

2. What is the process for giving notice under the Act?

Depending on the type of work, notices such as Line of Junction, Party Structure, or Notice of Adjacent Excavation must be served to adjoining owners at least one or two months before commencing the work.

3. What information must be included in the notices?

Notices must include details about the proposed work, the building owner’s information, the commencement date, and accompanying plans or sections where required.

4. What happens if an adjoining owner does not consent to the proposed works?

If an adjoining owner does not consent, both parties must appoint surveyors to resolve disputes, who may then make an award specifying the works, fees, and responsibilities.

5. Are there any exceptions to serving notice?

Minor works or those with written consent from all adjoining owners may not require notice.

6. Can disputes arise even if the adjoining owner does not actively dissent?

Yes, disputes can arise if the adjoining owner remains silent for a period after being served notice, leading to the need for surveyors’ involvement.

7. What happens if surveyors appointed by both parties cannot agree?

A third surveyor may be selected to resolve disputes between the appointed surveyors.

8. What does the award issued by the surveyors typically include?

The award outlines the permitted works, fees, and responsibility for costs, which parties have the right to appeal within 14 days to the county court if disagreement arises.

9. Can work proceed if the adjoining owner does not give permission?

Yes, the Act allows access to the adjoining property for works outlined in the award, even without permission, after providing 14 days’ notice.

10. Are there any updates to the Act regarding electronic communications? Yes, since April 6, 2016, notices and documents can be served electronically according to the Party Wall, etc. Act 1996 (Electronic Communications) Order 2016.