Party walls are shared boundaries between properties that require careful consideration during construction and renovation projects. These dividing structures fall under specific regulations that protect the rights and interests of all adjoining property owners.
Understanding the Party Wall Act 1996 is essential for anyone planning building work that might affect a shared wall, boundary, or excavation near neighbouring buildings. The Act establishes a framework for preventing and resolving disputes related to party walls, requiring formal notification to neighbours before certain types of work can commence.
Construction projects involving party walls typically require consent from affected neighbours through a legal process outlined in the regulations. This may involve serving notice, appointing surveyors, and creating a binding agreement known as a Party Wall Award. Failing to comply with these requirements can lead to legal complications, project delays and potentially costly remedial work.
Understanding the Party Wall Act 1996
The Party Wall Act 1996 is a crucial piece of legislation that governs construction work affecting shared boundaries between neighbouring properties in England and Wales. It establishes a clear framework for resolving potential disputes and ensuring that building works proceed with minimal disruption to all parties.
Key Definitions and Concepts
A Party Wall is a wall that stands on the lands of two or more owners and forms part of a building. It can be the wall of one building separating it from another, or a wall that stands across the boundary between two properties. A Party Structure includes party walls, floors or other partitions separating buildings or parts of buildings.
The Act identifies two primary types of owners: the Building Owner (who wants to carry out the work) and the Adjoining Owner (whose property might be affected). Each has specific rights and responsibilities under the legislation.
A Party Wall Surveyor is a specialist who helps resolve disputes between neighbours. They must be impartial and act in accordance with the Act, not as an advocate for either owner. The Royal Institution of Chartered Surveyors (RICS) provides guidance for surveyors working on party wall matters.
Scope of the Party Wall Act
The Act applies to several types of construction work, including:
- Building a new wall on or at the boundary
- Cutting into a party wall
- Making a party wall taller, shorter or deeper
- Removing chimney breasts from a party wall
- Demolishing and rebuilding a party wall
- Excavations near neighbouring buildings
Any Building Works within 3 metres of an adjoining property (or 6 metres in some cases) that involve excavation below the neighbour’s foundation level require notification.
The Act does not apply to minor works such as drilling to hang shelves or replastering. However, more substantial Alterations and Repairs typically fall within its scope.
Rights and Obligations
The Act requires a Building Owner to serve Written Notice to adjoining owners before beginning relevant work. This Party Wall Notice must be given at least two months before work starts (or one month for excavations).
Adjoining Owners can either consent to the works or Dissent. If they dissent or fail to respond within 14 days, a dispute is deemed to exist. In such cases, both owners must appoint Party Wall Surveyors who then create a legally binding Party Wall Award.
This award details how and when works should be carried out, including working hours and measures to protect adjoining properties. It may also include a schedule of condition of the neighbouring property before work begins.
Owners must also comply with Building Regulations separately from the Party Wall Act requirements. Failure to follow the proper procedures can result in legal action and costly delays to building projects.
The Role of Party Wall Surveyors and Resolution of Disputes
Party wall surveyors play a critical role in navigating the complex regulations governing shared walls between properties. They provide independent expertise that helps neighbours resolve potential conflicts before construction begins.
Selecting a Party Wall Surveyor
When undertaking work covered by the Party Wall Act, you’ll need to appoint a qualified surveyor. The building owner and adjoining owner can jointly appoint an ‘Agreed Surveyor’ who acts impartially for both parties. This approach often saves time and reduces costs.
Alternatively, each owner may appoint their own surveyor, who then select a third surveyor as a backup in case of disagreements. The Royal Institution of Chartered Surveyors (RICS) can assist if one party fails to appoint a surveyor or if there’s a deadlock.
When selecting a surveyor, look for professionals with specific experience in party wall matters. Ensure they hold relevant qualifications and are members of recognised professional bodies like RICS.
The best surveyors maintain clear communication throughout the process and explain technical terms in accessible language.
Issuing a Party Wall Award
The Party Wall Award is a legally binding document prepared by the surveyor(s) that sets out the rights and responsibilities of both parties. It typically includes detailed descriptions of the proposed works and the condition of the adjoining property.
The award will outline:
- The precise work that can be carried out
- When and how the work should be done
- Restrictions on working hours
- Access arrangements for the surveyor
- Measures to prevent damage
- A record of the adjoining property’s condition before work begins
Both parties receive a copy of the award, and work can commence once it’s issued. Either owner has 14 days to appeal to the County Court if they disagree with the award’s terms.
The surveyor may also include provisions for compensation where appropriate.
Dispute Resolution and Remedies
Despite everyone’s best efforts, disputes can still arise during party wall matters. The Party Wall Act provides a structured framework for resolving these conflicts without immediately resorting to legal action.
The appointed surveyors are the first line of dispute resolution. They can address concerns about the scope of works, timing, or potential damage. If surveyors cannot agree, the previously selected third surveyor will make the final decision.
For more serious breaches, such as commencing work without proper notice, the affected party may seek an injunction through the courts. This can halt construction until proper procedures are followed.
If damage occurs during construction, the building owner is typically responsible for repairs or compensation. The surveyors will document the damage and determine appropriate remedies.
Regular consultation and open communication between all parties can prevent most disputes from escalating.