HOW IT WORKS
Adjoining Owner
Once you have been served notice by your neighbour, ‘The Building Owner’, that they intend to do work that will affect your party wall, party structure or party fence wall you, as ‘The Adjoining Owner’ have 14 days to respond.
ACT TRIGGERS
Works covered by The Act can be placed into three categories:
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Building Along the Line of Junction (Or Boundary)
Constructing a masonry wall that touches or sits astride the boundary line between the Building Owner and the Adjoining Owner’s properties.
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Works Affecting the Party Wall
Any major works to the Party Wall, including chimney demolition, inserting beams, making structural repairs.
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Excavations near a Neighbouring Structure
Excavation work for foundations, drains or basements within a specified distance of an adjoining property.
Please note: You cannot stop your neighbours from making changes to their property that are within the law and have received planning approval. However, The Party Wall Act empowers you have a say in how and when they are carried out.
YOUR OPTIONS
Once you have received a notice from the Building Owner you have 14 days to respond.
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You agree to the notifiable works going ahead as The Building Owner has outlined and inform them in writing that you are happy for them to proceed after the notice period under The Act has expired. If this is the agreed outcome there is no need for either of you to appoint a Party Wall Surveyor. You can also let your neighbour know in writing if you are happy for them to start sooner.
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We would always recommend this option as a minimum. A Schedule of Condition is a written and photographic record of any parts of your property that could be affected by your neighbour’s proposed works. It would include inspecting walls, floors and ceilings for cracks and damage, if any, before work starts.
A Schedule of Condition is not a legal requirement, but it safeguards both parties in the event of a dispute arising regarding damage to a property adjoining one in which works have been undertaken.
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If you dissent to the notifiable works then a dispute has occurred. It’s quite possible that the Building Owner has already selected a Party Wall Surveyor to act in this event. Because the surveyor is legally bound to act impartially you can choose to appoint him/her to act on your behalf as well.
They then become the ‘Agreed Surveyor’ and will proceed to carry out a Schedule of Condition and produce a legal document called a Party Wall Award. This award sets out the time and manner in which the works must proceed whilst balancing the interests of all parties involved.
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If you dissent to the notifiable works but do not want to use the services of an Agreed Surveyor, you need to appoint a separate surveyor. Once these two surveyors have been appointed then they will select a third surveyor who’s name you will be provided with. It is rare that the services of a third surveyor are needed, their role only comes into play if the original two surveyors cannot agree.
The two Appointed Surveyors will then complete a Schedule of Condition and serve the Party Wall Award to both owners.
Frequently asked questions
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The purpose of the Party Wall etc. Act 1996 is to enable works to proceed and progress properly, it is not meant to hinder or hold up your project. It takes away the need to resolve matters through the courts if something goes wrong and it enables works to be undertaken easily for the Building Owner and with little inconvenience for the Adjoining Owner. It works by each building owner appointing their own surveyor or by both building owners appointing one surveyor called the Agreed Surveyor to act impartially to resolve any dispute between the Owners.
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Party Walls usually separate buildings belonging to different owners. Where a wall separates two different sized buildings often only the part that is used by both properties is a party wall, the rest belongs to a person or persons on whose land it stands.
The Party Wall etc Act 1996 is not limited to just walls separating properties, it also includes provisions to deal with adjacent excavations, party structures and party fence walls. It is these additional provisions that account for the word ‘etc’ within the title of The Act.
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A ‘party structure’ is a party wall, floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or entrances. You would usually encounter one of these as a floor or ceiling in an apartment block.
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This is a wall which does not form part of a building and stands on lands belonging to different owners, for example a garden wall but it does not include a timber fence.
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Cutting into a wall to take the bearing of a beam, for example for a loft conversion.
Inserting a damp proof course, even if only to your own side of a party wall.
Raising a party wall and, if necessary, cutting off any objects preventing this from happening.
Demolishing and rebuilding a party wall.
Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building
Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
Building a new wall on the line of junction (boundary) between two properties.
Still have a question?
We’d be more than happy to provide some free guidance.
Call: 07857 449035
Email: info@assentpws.co.uk
LOCATIONS
We offer our services across the following cities and regions in the South of England.
We would be delighted to review your project without obligation to see if any of your proposals are covered by the party wall act.
Bournemouth
Salisbury
Winchester
Southampton
Guildford
Chichester
Worthing
Brighton
Greater London
Hampshire
Dorset
West Sussex
East Sussex
Surrey