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SPECIALIST PARTY WALL ADVICE
PARTY WALL ETC. ACT 1996?
The Party Wall etc. Act 1996 came into force throughout England and Wales on 1 July 1997 and provides a framework for preventing and resolving disputes in relation to work on or close to a party wall. [download PDF booklet]
WHAT WORK IS COVERED BY THE
PARTY WALL ETC. ACT 1996?
- Work to existing party walls, such as demolition, rebuilding, underpinning, cutting into a party wall to take a load bearing beam (for example during a loft conversion), reducing or increasing the height of the wall or inserting a damp proof course.
- Work to some boundary walls, known as “party fence walls”
- New building up to or astride the boundary line
- Excavations and foundations within 3 or 6 metres and to a greater depth than the foundations of neighbour’s buildings.
WHAT IS A NOTICE?
A Building Owner intending to carry out any of the above mentioned work has a strict legal obligation to serve written notice on any Adjoining Owner who may be affected by the proposed works.
When undertaking work to existing party or party fence walls, a “Party Structure Notice” is appropriate and two months written notice is required.
If building up to the boundary or carrying out excavation works, a “Line of Junction” or a “Three/Six Metre Notice” respectively, must be served at least one month prior to commencing work on site.
WHAT HAPPENS IF I DO NOT SERVE A NOTICE?
The service of a Notice is a legal requirement and failure to do so can lead to expensive delays and legal costs if the Adjoining Owners seek to stop your work through a Court Injunction or other legal remedy.
WHO SHOULD SERVE THE NOTICES?
There is nothing contained in the Act to prevent a Building Owner from serving a Notice, but any error contained in the Notice can render it invalid. Therefore to avoid unnecessary delays and costs, Building Owners and Adjoining Owners should seek advice from a Chartered Building Surveyor experienced in dealing with party wall matters.
DO I STILL NEED TO SERVE NOTICE IF I HAVE PLANNING AND BUILDING REGULATION APPROVAL?
Yes. Such statutory approvals do not negate the requirements imposed on a Building Owner under the Party Wall etc Act 1996.
WHAT DO I DO IF I RECEIVE A NOTICE?
If you are an Adjoining Owner and you receive a notice under the Party Wall etc Act 1996, you will have 14 days to carefully consider how best you wish to safeguard your interests. If you do not respond or appoint a surveyor within this time period a further 10 day notice will be served, requesting that you do. The following three options should be made available to an Adjoining Owner:
Consent to the Notice: If you are satisfied that there will be no damage or consequences to your property, then you may consent to the notice and your neighbour will be able to proceed with their proposed works.
Dissent to the Notice and appoint your own surveyor: Your appointed surveyor will proceed with the Building Owner’s Surveyor to prepare an Award.
Dissent to the Notice and concur in the appointment of an Agreed Surveyor: If you are happy for a single surveyor to represent both parties’ interests, he/she will act impartially to draw up an Award.
 APPOINTMENT OF SURVEYORS
If an Adjoining Owner dissents to the proposed works in writing, the preferred solution would be to appoint one surveyor to draw up a Party Wall Award. This surveyor should ideally be a Chartered Building Surveyor and must be independent and not be involved in the design or specification of the works.
If the Adjoining and Building Owners cannot agree upon an Agreed Surveyor, then each side should appoint their own surveyor.
 AM I PROTECTED AGAINST DAMAGE IF
I CONSENT TO THE PROPOSED WORKS?
An Adjoining Owner consenting to works contained in a Notice loses the protection afforded to them, including the right to appoint a surveyor. By consenting, Building Owners are entitled to proceed with their work forthwith.
Adjoining Owners still retain their common law protection and rights, but attempting to recover damage through such a procedure can be costly and time consuming.
WHAT IS AN AWARD?
An Award (sometimes referred to as an agreement) is a legal binding document authorising the execution of building work
pursuant to the Act, but primarily safeguards
Adjoining Owners’ property by:
1. Ensuring that all reasonable and necessary measures are taken to protect their property from foreseeable damage.
2. Preventing unnecessary inconvenience.
3. Being compensated for any loss or damage caused by relevant works.
IS DAMAGE LIKELY TO OCCUR?
There is always a potential risk that excavations will undermine the foundations of neighbouring buildings or that the installation of steel beams into party walls may cause structural movement. Each case must be evaluated on its own individual merits and the Award sets out necessary measures to protect the Adjoining Owner’s property.
 In most cases the surveyor(s) will examine the proposed plans, check engineer’s calculations, make an initial assessment of the likely impact of the works, request contractors’ insurance details and in some instances, request soil investigation reports.
An Award would normally include a schedule of condition of the Adjoining Owner's property, which is recorded prior to work commencing on site. Such a schedule makes it easier to identify if any damage has arisen as a direct result of the work. It also provides reassurance to the Building Owner, insofar as eliminating potential spurious allegations of damage claims by an Adjoining Owner.
COSTS AND EXPENSES?
Costs of producing the Award are decided by the surveyors appointed. Normally, the Building Owner is responsible for such expense unless the work is of benefit to both owners, whereby costs would be awarded proportionately.
HOW MUCH DO SURVEYORS CHARGE?
Fees for party wall surveyors are extremely diverse. They can vary from between £750.00 plus VAT to £1,500.00 plus VAT for a typical Award. Most surveyors will quote an hourly rate until such time they have seen the proposals and visited site.
We specialise in party wall work and we have very efficient systems in place, which enable us to offer fees that are normally well below those of our competitors.
ACCESS RIGHTS
The Act allows access to Adjoining Owners land by Building Owners where reasonably required to facilitate the proposed works that are pursuant to the Act.
 WHAT DO I DO IF MY NEIGHBOUR IS ABOUT TO START WORK AND I
HAVEN’T YET RECEIVED A NOTICE?
We would encourage Building Owners to at the very least openly discuss their proposals with their neighbours. Sometimes Building Owners are not aware of the Acts’ existence and therefore face to face discussions between both parties, from an early stage, can often prevent potential disputes at a later date.
If work does in fact proceed without any formal notification being received, an Adjoining Owner does have the right to apply to the court for an injunction to be served. This has the effect of ceasing work forthwith. This action is only recommended as a last case resort, as it can cost both owners tens of thousands of pounds. It is therefore important that the procedures of the act are correctly adhered to.
CAN THE ACT BE USED TO RESOLVE A BOUNDARY DISPUTE?
No, but in many cases the Act will prevent disputes arising in the first place.
WHAT ELSE DOES THE ACT COVER?
The Act comprises twenty two sections, which are very detailed. This site is intended to provide you with a brief guidance into the Act and is not an authoritative interpretation of the law. We offer free specialist advice regarding all party wall matters and we would be happy to discuss or answer any questions or queries you may have. |
Party Structure Notice
Party Wall Etc. Act 1996