The Party Wall etc Act 1996 covers certain issues between property in England and Wales. The Party Wall Act provides a legal framework for preventing disputes and resolving building and boundary problems between neighbours. This includes new builds, extensions, conversions and building repairs, as well as boundary walls and excavations which can affect neighbouring properties.
Every adjoining owner or neighbouring property has rights or responsibilities under the Party Wall Act. In a typical domestic scenario, this is usually limited to one other party but, in larger commercial developments in more built up areas, the Party Wall Act can affect multiple adjoining owners.
In such cases, the process of serving notices, mediating disputes and issuing Party Wall awards can be complex, lengthy and expensive.
Why do I need to worry about the Party Wall Act?
If you intend to carry out building work that involves any of the following, then you must find out whether the proposed work falls within the scope of the Act:
- working on an existing wall that you share with a neighbouring property;
- building on the boundary with a neighbouring property;
- excavating near a neighbouring building.
If the work does fall within the scope of the Act, you must serve the statutory notice on all those defined by the Act as an adjoining neighbour.
What does the Party Wall Act cover?
The Act covers the following:
- new building located at or astride the boundary line between properties;
- various work directly affecting an existing party wall, including: extending it, underpinning it, rebuilding it, repairing it, or reducing its size;
- excavating or constructing foundations for a new building within three metres of a neighbouring owner’s building where that work will go deeper than the neighbour’s foundation;
- excavating or constructing a foundation for a new building within six metres of a neighbouring owner’s building where that work will cut a line drawn downwards at 45 degrees from the bottom of the neighbour’s foundations.
Do I still need Planning Permission or Building Regulations approval?
It should be noted that reaching an agreement with adjoining owners on a project that falls within the Act does not remove the possible need for planning permission or building regulations approval.
Do I need to appoint a Chartered Surveyor?
An independent Chartered Surveyor will provide clear advice on whether your proposed building work comes within the Party Wall Act.
Our independent Chartered Surveyors are able to work on your behalf to ensure the demands of the Party Wall Act are dealt with thoroughly and efficiently – whether or not the work is being carried out by you or your neighbour.
- If your neighbour is carrying out building work up to your boundary line, they are required under the Party Wall etc Act 1996 to issue a formal notice and allow you time to object. We can serve these notices on your behalf.
- If you want to dispute the works our Chartered Surveyor can help you manage the process effectively and avoid damage.
- If you and your neighbour agree about the building works, we can prepare the formal paperwork that you are recommended to use.
- Have you carried out your schedule of condition? All parties should have a formal verified schedule of condition prior to works being commenced, which we can prepare.
A Chartered Surveyor can work for either party or both parties as a joint surveyor which reduces the cost.
My neighbour has served me with a notice (or failed to do so)
If your neighbour is carrying out work that comes under the Act they are obliged by law to serve you with a notice as an adjoining owner. A notice is served giving the recipient three choices:
- To consent to the works going ahead;
- To dissent and appoint a surveyor, or concur in the appointment of a single surveyor; or
- Not to respond.
If an adjoining owner does not respond within fourteen days, then a dispute is deemed to have arisen and the person carrying out the work must appoint an appropriate surveyor to act on the adjoining owner’s behalf.
Your response will determine the legal route that your neighbour will have to follow. This can be a complicated process, but is made simpler by appointing a Chartered Surveyor.
Should your neighbour proceed with works without carrying out their statutory duty by serving appropriate notice, your only remedy is legal action. This would typically involve the appointment of a Chartered Surveyor or Solicitor, and is an expensive process.
It is probable that in these circumstances your initial communication with your neighbour would be a cease and desist letter, following which your neighbour would be liable for the professional fees of both sides, although that decision would be made by the court.
To avoid becoming embroiled in an expensive process, communication at the outset is key between the parties. If both parties agree to a process it can circumvent any professional fees but your neighbour must obtain your agreement.