Party Walls
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 party walls, some boundary
walls known as party fence walls and excavations near neighbouring
buildings.
The definition of a ‘party wall’ and ‘party
structure’ is complex and the meaning of what constitutes
notifiable works is also wider than you may imagine.
Generally, if you as a Building Owner propose carrying out
any work to a party wall such as demolition, rebuilding, underpinning,
cutting into a party wall to take a load bearing beam (for
example for a loft conversion), inserting a damp proof course,
or reducing or increasing the height of the wall, then the
Building Owner must serve a Notice as defined with the Act
on all Adjoining Owners.
A Notice is also required if it is proposed to excavate within
the prescribed distance from an Adjoining Owners’ structure
and this excavation is to be lower that the Adjoining Owners’
foundation.
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.
Building Owners should be aware that if they serve the Notice
directly, rather than through a qualified surveyor, a minor
error in the Notice can render it invalid. Therefore to avoid
unnecessary delays and costs Building Owners and Adjoining
Owners should seek advice from a qualified professional surveyor
experienced in dealing with party wall matters.
It is advisable for both the Building Owner and the Adjoining
Owner to appoint surveyors to agree the terms of an ‘Award’
which details the work that will be carried out and will include
matters such as when and how the works are to be undertaken
and specify any additional work that may be required. Normally
it would also include a schedule of condition of the Adjoining
Owners property before work commences, this is to protect
them so that any damage can be readily recognised and dealt
with but equally importantly it protects the Building Owner
from allegations of damage.
The surveyor(s) will decide who pays the fees for drawing
up the Award and for ensuring that the work has been carried
out in accordance with the Award. Generally, if the works
are solely for their benefit, the Building Owner will pay
all costs associated with preparing the Award.
It is important to bear in mind that your proposed works,
or those of your neighbour, may have consequences for the
structural integrity and stability of the party wall and building
as a whole, or cause damage to the Adjoining Owners or your
side of the wall. It is also a matter you will be asked about
when you come to sell your property.
If you are in any doubt as to whether your proposed work requires
a Notice you should seek advice from one of our qualified
professional surveyors who have a detailed knowledge of the
Party Wall Act and procedures.
Contact:
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