What is the key piece of legislation relating to Party Walls?
The Party Wall Act 1996
What are the key sections of the Act that surveyors should be aware of?
Section 1: Building a free standing wall of a building up to or astride the boundary line
Section 2: Works on/against an existing Party Wall or structure
Section 6: Excavations within 3 or 6 metres of a building
Where does the Act Apply ?
England & Wales
Who constitutes a building owner?
- Freehold title holders
- Leasehold title holders (you must hold a leasehold title for a period exceeding one year)
- Those contracted to receive the Freehold/Leasehold title
- Those entitled to receive rent
What is the aim of the Act?
To provide a framework for preventing and resolving disputes in relation to Party Walls, Party Structures, Boundary walls and excavations
What is a Party Wall?
Type A - such a wall is part of one building astride the boundary line, separates two or more buildings or consists of a Party fence wall.
Type B - If it stands wholly on one owners land but is used to separate their buildings e.g. if one person has built in the wall and another has constructed their building from it
What works does the Act give the Building Owner the right to carry out to an existing wall (S2)
Section 2 of the Act lists what work can be done. The most commonly used rights are:
a) to repair a party wall
b) to insert a damp proof course
c) to underpin the whole thickness of a party wall
d) to cut into a party wall
e) to raise the height of a party wall
f) to extend a party wall downwards
g) to demolish and rebuild a party wall
h) to cut off projections from a party wall
What are my duties as building owner under S2 of the Act?
If you intend to carry out any of the works mentioned in section 2 of the Act, you must inform all Adjoining Owners.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
The Act also says that a Building Owner must not cause unnecessary inconvenience.
The Building Owner must provide temporary protection for adjacent buildings and property where necessary.
Where party walls and structures are modified, repaired, or demolished and rebuilt the cost of the work shall be shared where the work is necessary on account of defect or want of repair, in proportion to the use each party makes of the structure or wall.
Who counts as an “Adjoining Owner”?
Essentially, an Adjoining Owner is anyone who is an owner of land, buildings or rooms adjoining those of the building owner, which may include the local authority.
How do I inform the Adjoining Owner or owners?
It is best to discuss planned work with the Adjoining Owners before you give notice, in writing.
Whilst there is no official form for giving notice under the Act, your notice will need to include the following details:
- your own name and address
- the address of the building to be worked on
- a full description of what you propose to do
- when you propose to start
You may deliver the notice to the Adjoining Owner(s) in person, send it by post, or send it by email if the adjoining owner has stated a willingness to receive the notice by email and has provided an email address.
How long in advance do I have to serve the notice for work on existing Party Walls?
At least two months before the planned starting date for work to the party wall.
What happens after I serve notice?
A person who receives a notice about intended work may:
- give his consent in writing, or
- refuse to consent to the works proposed
- do nothing
If, after a period of 14 days from the service of your notice, the person receiving the notice has done nothing, a dispute is deemed to have arisen.
It should be noted that where consent is given you are not relieved of your obligations under the Act, for example to avoid unnecessary inconvenience or to provide temporary protection for adjacent buildings and property where necessary.
What happens if I receive a counter-notice?
A person who receives notice about intended work may, within one month, give a counter-notice setting out what additional or modified work he would like to be carried out for his own benefit, and accompanied by all necessary particulars.
If you receive a counter-notice you must respond to it within 14 days otherwise a dispute is deemed to have arisen.
What if I cannot reach agreement with the Adjoining Owners on the work to be done to the party wall?
If you cannot reach agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an “Agreed Surveyor” to draw up an “Award”. The surveyor must be a person agreed between the owners to act.
Alternatively, each owner can appoint a surveyor to draw up the award together. The two appointed surveyors will select a third surveyor (who would be called in only if the two appointed surveyors cannot agree or either of the owners or either surveyor calls upon the third surveyor to make an award).
Where separate surveyors are appointed by each owner, the surveyors must liaise with their appointing owners and put forward the respective owners’ preferred outcome. However, beyond that the surveyors do not act as representatives for the respective owners. They must always act consistently with the terms of the Act to reach a fair and impartial award.
What does the surveyor do?
The surveyor (or surveyors) will settle the matter by making an “award” This is a document which:
- sets out the work that will be carried out
- says when and how the work is to be carried out
- specifies any additional work required
- often contains a record of the condition of the adjoining property before the work begins
- allows access for the surveyor(s) to inspect the works
Who pays the surveyor’s fees?
Usually the Building Owner will pay all costs associated with drawing up the award.
However, in certain circumstances where work is necessary due to defect or need of repair the adjoining owner may have to pay costs.
The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award.
Is the surveyor’s award final?
The Award is final and binding unless it is rescinded or modified by a county court on appeal. Each owner has 14 days from service of the award on them to appeal to the county court against the award.
Who pays for the building works?
The general principle in the Act is that the Building Owner who initiated the work pays for it if the works are solely for his benefit.
However, there are cases where the Adjoining Owner should pay part of the expense of the works.
What happens if the neighbours won’t cooperate?
If a dispute has arisen and the neighbouring owner refuses or fails to appoint a surveyor under the dispute resolution procedure, you will not be able to appoint an “agreed surveyor”.
In these circumstances you can appoint a second surveyor on the neighbouring owner’s behalf, so that the procedure can go ahead.
What about access to neighbouring property?
Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works).
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
What rights do Adjoining Owners have?
- appoint a surveyor to resolve any dispute
- require reasonably necessary measures to be taken to protect their property from foreseeable damage
- be compensated for any loss or damage
- ask for security for expenses before you start work
What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line.
How long in advance do I have to serve the notice for New building on the boundary line ?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
What does the Act say if I want to excavate near neighbouring buildings?
If you plan to:
- excavate/construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building
- within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations
You must inform the Adjoining Owner or owners by serving a notice.
The notice must state whether you propose to strengthen or safeguard the foundations of the building or structure belonging to the Adjoining Owner.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
