The Party Wall etc. Act 1996 came into force on 1st July 1997 and applies throughout England and Wales.
The legislation is designed to enable development for Adjoining Owners and occupiers. It provides a framework that ensures neighbouring Owners are notified of impending construction work.
A Party Wall stands astride the boundary of land belonging to two or more owners.
A Party Fence Wall stands astride and is used to two different owners.
Party Structures consist of floors or walls between separate dwellings, flats, etc.
Section 1: New building(s) on or astride site boundaries.
Section 2: Repairs or works to an existing Party Wall / Structure.
Section 6: Adjacent excavations and construction within 3 or 6 metres of a neighbouring building or structure.
The party who owns the property where the building works are due to be carried out are defined as Building Owners.
Adjoining Owners are either freeholders or leaseholders who could potentially be affected by the works.
For works falling under the Act, notice needs to be served on all Adjoining Owners. Such notices need to be in writing and must:
Give the name and address of the people doing the work (the Building Owners).
Give the address of the building to be worked on.
Give sufficient detail and description of the intended work.
Specify when it is intended to begin works.
Be signed, either by the Building Owners or their authorised representatives.
Notices served under Section 6 for adjacent excavations, must be accompanied by plans and sections showing the depth of excavation. It must also state whether it is intended to underpin, or otherwise strengthen the Adjoining Owner’s foundation and identify whether special foundations are proposed.
Usually a minimum of 2 months notice is required in advance of any works beginning.
Notices are only valid for a year and would need to be re-served if allowed to elapse without works having commenced.
Adjoining Owners have 14 days to respond.
If they consent to the works, this should be confirmed in writing.
Adjoining Owners can also serve counter notice requesting additional works be included for their own benefit and at their cost.
If an Adjoining Owner dissents or does not reply within 14 days, a dispute is deemed to have arisen.
Each Owner must appoint a Party Wall Surveyor or agree to a single ‘agreed’ Surveyor to act on behalf of both parties.
Following appointment, the Party Wall Surveyors or surveyor will make an award, ‘Party Wall Award’ setting out:
The works to be carried out.
The works to be carried out.
How and when the works will be carried out.
Any special measures to safeguard and prevent damage.
The Award will also contain a Schedule of Condition, to record the current condition of the property.
A Party Wall can be amended, but this should be brough to the attention of the surveyor(s) in first instance. Both Owners also have the right to appeal an Award at the County Courts within 14 days of service, but this needs to be taken lightly as there may be cost implications if unsuccessful.
Under the provisions of the Party Wall Act, if works are solely for the Building Owners’ benefits. The Building Owner will usually pay all costs associated with drawing up the Award, including the Adjoining Owners’ surveyor’s fees.
Following a dispute arising and in the event an Adjoining Owner failing to appoint a Surveyor, under the provisions of the Party Wall Act, a Building Owner has the right to appoint a surveyor to agree an Award on behalf of the Adjoining Owner.
You cannot stop Building Owners exercising rights affords to them under the Party Wall Act. However under the Act, Adjoining Owners have the right to:
Appoint a Surveyor to resolve any dispute.
Require reasonable measures to be taken to protect your property.
Not to endure an unnecessary inconvenience.
Be compensated for loss or damage caused by the works.
If your property is damaged by works undertaken under the Act, you should notify your neighbour as soon as possible and ask them to either have their builder fix the problem or pay compensation in lieu of making good. As part of this process a Surveyor should be engaged to confirm the cause of the damage and assess the cost of the damaged caused.
If a Party Wall Award was agreed before works began and damage occurs, the Party Wall Surveyors should be notified. if the damage is a result of the works, you can choose to allow the Building Owner to repair the damage or receive compensation in lieu of making good. The Party Wall Surveyors will agree on appropriate level of compensation, based on industry standards and experience.
