The Party Wall Act
The Party Wall Act 1996 can appear very confusing and an obstacle to the building work you are looking to start. In fact, the Act is quite the opposite. It has been created to help protect both the Building Owner and the Adjoining Owners whilst ensuring the works can proceed. We explain the process below, but you can also find an easy step by step explanation in our handy Party Wall Guide.
Does the work I have planned fall under the Act?
The Party Wall etc. Act covers three distinct areas of work:
● Building a new wall on the boundary
● Works to a Party Wall
● Excavating near a neighbour’s foundation
Building a new wall on the boundary (often referred to as the ‘Line of Junction’)
This includes a new wall built up against the boundary or on the boundary if you wish to share the wall with your neighbour.
Works to a Party Wall
This can include different works, from inserting flashings to rebuilding the wall. The most common is inserting beams into the wall or removing a chimney breast. If you are planning any work to a Party Wall it will likely fall under this section.
Excavating near a neighbour’s foundation
Excavating near a neighbour’s foundation falls under the Act if you intend to excavate within 3m of your neighbour’s foundation AND to a lower depth than their foundation depth. Further to this if you are excavating within 6m and your foundation goes beyond a line that is taken 45 degrees from the neighbour’s foundation then your works are also notifiable. The 6m rule is more common for pile type foundations. Unsure whether your works are notifiable? Give us a call and talk us through your project.
What to do next
Anyone intending to carry out building work which is described by the Act must give adjoining owners notice of their intentions. If the adjoining owner consents to the work in writing and agrees the works will be of no inconvenience or pose no threat of damage to their property, the Party Wall etc. Act 1996 process would end there, as you would have fulfilled your obligation.
If consent is not given or no response is received, the parties are deemed to be ‘in dispute’ under the Act. In such a case, Party Wall Surveyors must be appointed so that the dispute can be resolved by way of a Party Wall Award (a formal agreement). This appointment can be via a single surveyor, called the Agreed Surveyor who is duty bound to administer the Act impartially. Alternatively, separate surveyors can be appointed (one by the Building Owner and one by the Adjoining Owner).
The surveyor/s will draw up a document called a Party Wall Award, which authorises building work under the Act subject to stipulations to safeguard the interests of the owners of both properties. This “Award” includes a Schedule of Condition to record the condition of neighbouring properties allowing the surveyor to ascertain any damage caused after the works.
The building owner carrying out the work is usually responsible for the cost of repairs to the neighbouring property if damage is caused, as well as the party wall survey costs. If work is undertaken without first giving notice in the correct way, then the adjoining owner may seek redress through the courts. Even if you consider the work to be of a minor nature you should seek expert advice before starting.