HOW IT WORKS
Building Owner
If you are planning to carry our work on your property you are called ‘The Building Owner’ in The Party Wall Act and you are responsible to inform any affected neighbours, or ‘Adjoining Owners’ of your intentions by serving them the correct notices in writing.
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: Your neighbours can’t stop you from making changes to your property that are within the law and have received planning approval but they can affect how and when they are carried out.
YOUR OPTIONS
Once you have served these notices the Adjoining Owners have 14 days to respond.
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Your neighbour (Adjoining Owner) agrees to the works going ahead as you have outlined and is happy for you to proceed after the notice period under The Act has expired.
They should let you know in writing if they are happy for you to start sooner. If this is the agreed outcome there is no need for either of you to appoint a Party Wall Surveyor.
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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 the Adjoining Owners property that could be affected by your 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 an adjoining property.
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If The Adjoining Owner dissents to the notifiable works then a dispute has occurred. If you’ve not done so already you now need to appoint a Party Wall Surveyor. Because the surveyor is legally bound to act impartially you can offer their services to The Adjoining Owner and they can choose to appoint him/her to act on their behalf as well.
The ‘Agreed Surveyor’ will then 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 the Adjoining Owner dissents to the notifiable works and does not want to use the services of an Agreed Surveyor, they will 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@assentpartywall.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