SERVICES
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The Party Wall Act helps people carry out building work whilst protecting the rights of themselves and their neighbours.
Party walls are walls used by more than one ‘owner’. The dividing wall between two houses is the most obvious example. Floors between flats are ‘party structures’ and boundary walls can be ‘party fence walls’.
The ‘Party Wall etc. Act 1996’ is designed to regulate building works to these special types of wall, as well as neighbouring excavation works. The Act imposes rights and obligations on land owners wishing to conduct such works, but equally imposes rights and obligations on those land owners and occupiers who will be affected by the works.
Before commencing any building work e.g. a loft conversion or an extension, you should check to see if the Party Wall Act applies.
Does the Party Wall Act Apply to me?
There are 3 broad circumstances when the Party Wall Act will apply and you will need to serve a Party Wall Notice before work starts. Please contact me for free advice if you are unsure if the act applies to your works.
Work on or at the boundary of your property
This is Section 1 and deals with works that are built on or astride the line of junction and where there is no existing structure built either side of the line of junction. You are required to give a notice period of one month.
Work to a party wall or party structure
This is Section 2 and deals with works that affect the party structure between different owners. This is typically walls separating houses but can also be floors between flats and some communal areas. You are required to give a notice period of two months.
Excavations below the foundations of a nearby property
This is Section 6 and deals with works associated with excavation within 3 or 6 metres of a neighbours building. If within 3m excavations will be below existing foundations and if within 6m the excavations will be below a 45 degree line projecting below existing foundations. You are required to give a notice period of one month.
I'm having work done
Approach the Party Wall process in the right way and it can help you complete your building work smoothly.
The Party Wall Act is an integral part of the building process and should not be ignored. It is illegal to carry out work without a valid notice when one is required and approaching it with the wrong timings can significantly increase your costs. I can help you get through the process smoothly and help keep the costs down.
The process is simple but you must follow it correctly and by taking a sympathetic approach you can reduce the likelihood of disputes (which will add to your costs and potentially delay the project).
Firstly you will need to serve notice on affected neighbours. I recommend that you do this BEFORE submitting planning applications. Otherwise you may find your neighbours are approached by surveyors encouraging them to dispute your notice and so increase your costs
I would also recommend that you talk to your neighbours before the notice is served to talk them through your project and how it might affect them. Give them an opportunity to express their needs/ concerns and take account of them where you can. In short the better you consult with them the more likely they are to agree (consent) to the notice.
When serving the Notice I would always suggest that a schedule of condition is prepared on the affected parts of your neighbours' property. Again this gives neighbours more confidence in the project but it also provides an agreed baseline to use should any damage occur (so you can be sure that any claimed damage is not pre-existing).
If I am preparing your Notices I will be available to answer any questions your neighbours have and will manage all the relevant follow up actions. My focus will be to help your neighbours to consent to the notice.
If your neighbours do not consent then you will have to appoint a Party Wall surveyor and an Award will be prepared. This Award details the works to be done and agrees the restrictions and rights on each party relating to the work. Please note that this will only be related to the notifiable works under the Party Wall Act (ie work to the party wall or the excavation near the boundary). All other aspects of the works are not covered under this agreement, Your Neighbours will also need to appoint a Party Wall Surveyor. They can select their own surveyor or they can agree to use your surveyor (The Agreed Surveyor).
In most circumstances you will be expected to pay the costs of both surveyors - therefore your best option is for your neighbours to consent to the work. You may want to appoint an agreed surveyor but bear in mind that there are fewer options to contest the decisions of an agreed surveyor so appointing 2 surveyors, although more expensive, may be a lower risk option.
My neighbour is having work done
The Party Wall Act enables your neighbours to carry out work while protecting your rights and the enjoyment of your property
If your neighbour is carrying out work that affects your property they should serve you with a Party Wall Notice. You must respond to this notice and indicate whether you agree or not to the work.
When you receive the notice you can agree (consent) to the works and work can go ahead or you can object (dissent) and Party Wall Surveyors must be appointed to manage the dispute. They do this by preparing and serving a Party Wall Award which is a binding document which sets out the work to be done and any restrictions or compensation you are entitled to.
You cannot stop the work through a party wall award - your neighbour has a right to carry out work on their property (subject to planning) but it does ensure that your rights are protected.
Firstly you will need to decide whether you consent to the works. If so all you need do is sign the form and return it to your neighbour or their surveyor. If you do consent this does not mean you lose any rights under the act. You are still protected and should any subsequent damage occur you can still raise a dispute and ask for the damage to be rectified or agree an equivalent monetary payment.
If you dissent then you and your neighbour must appoint Party Wall Surveyors to resolve the dispute. This is done by preparing a Party Wall Award that sets out the works and lists any rights (eg access), restrictions or compensation due. The costs of these surveyors will usually be paid by the person carrying out he building work. You can appoint your own Surveyor or you can agree to use your neighbour's surveyor (who becomes the Agreed Surveyor). In either case the surveyor does not have the power to stop the work and is not your agent. The Surveyor will ensure that your rights under the act are represented but their ultimate responsibility is to implement the act. They cannot resolve disputes that are not covered by the act.
Finally I strongly recommend that you ask for a schedule of condition to be prepared BEFORE any work is started. This will ensure that, if there is any subsequent damage, you have a clear agreed baseline condition and there is less ability to avoid responsibility for the damage.
The act is there to protect your rights and if you get the right advice you can protect those rights whilst enabling your neighbour to carry out legitimate works and preserve good neighbourly relations.
I'm a Builder, Architect or Developer
Take the hassle out of Party Wall Matters, avoid unnecessary hold ups and give your clients the right advice
The Party Wall Act is an integral part of the building process and should not be ignored. It is illegal to carry out work without a valid notice when one is required and approaching it with the wrong timings can significantly increase your costs. I can help you get through the process smoothly and help keep the costs down.
The process is simple but you must follow it correctly and by taking a sympathetic approach you can reduce the likelihood of disputes which will add to your clients costs and potentially delay the project.
My focus is to apply the Party Wall Act correctly and fairly so that it meets its intended objective - to enable legitimate building work to be completed as fairly and smoothly as possible for all parties concerned.
I can provide you with explanatory leaflets and contact details for you to give your clients. I can then take them through the process in the right way so increasing the likelihood of quick consents and agreements and enabling you to get on with the job.
By serving notices at the right time, with the right supporting material and including a schedule of condition I can increase the percentage of consents received and shorten the overall process.
Documents to download
From the Faculty of Party Wall Surveyors
Explanatory Guide for the Party Wall Act
What Do I Do? Flowchart
The Party Wall etc Act 1996
