Party Wall FAQs

What is a party wall?

A party wall is a shared wall or structure owned by two or more different owners. It can be part of a building, such as a wall dividing two terraced houses, or a boundary wall in a garden. There are also party fence walls built of brick or masonry, as opposed to wooden fences.

What is the Party Wall etc. Act, and what does it cover?

The Party Wall etc. Act 1996 provides a legal framework for resolving disputes between neighbours over shared walls, garden walls, and boundary walls. It applies to construction work involving parts of buildings that affect party walls or structures. The Act covers scenarios like building a new wall.

Increasing the height of a party wall, or carrying out alterations that impact adjacent properties

When do I need to serve a party wall notice?

If you are planning building work that might affect a shared wall or neighbouring property, you must serve a party wall notice before work begins. This includes construction work such as creating a new wall, altering a boundary wall, or excavating near a neighbour’s foundation. The notice must provide details of the work and allow your neighbour time to respond.

What is written consent for a party wall notice?

If your neighbour agrees to the proposed work and gives their written consent after receiving a party wall notice, the process can move forward without appointing surveyors. Consent indicates that they are comfortable with the proposed work and see no need for formal agreements or dispute resolution.

What happens if my neighbour doesn’t consent?

If your neighbour does not provide written consent, or if there is a disagreement about the proposed work, you’ll need to follow a formal dispute resolution process under the Party Wall Act. This involves appointing surveyors to act on behalf of the relevant parties to prepare a party wall agreement.

What is a party wall agreement?

A party wall agreement is a legally binding document that outlines the responsibilities and rights of both the building owner and their neighbour. It includes details like schedules of condition (to document the current state of the property), the scope of the proposed work, and procedures for managing disputes.

Who are the appointed surveyors, and what is their role?

The appointed surveyors are professionals who help resolve disputes under the Party Wall Act. A building owner’s surveyor represents their interests, while the adjoining owner can appoint a second surveyor. Sometimes, both parties agree on a single agreed surveyor to simplify the process. If necessary, a third surveyor is chosen to resolve disputes the first two cannot agree on.

Who pays the surveyor’s fees?

The responsibility for surveyor’s fees typically lies with the building owner carrying out the work. However, in some cases, this may depend on agreements made between the parties or specific circumstances of the case.

Does the Party Wall Act apply to wooden fences?

No, wooden fences are not considered party walls under the Act. The Act applies to garden walls made of brick, stone, or concrete that serve as a boundary between different owners.

How are property boundaries determined?

Property boundaries are usually indicated in land registry records. However, if there is uncertainty or a dispute, a surveyor can help confirm the boundary’s exact location based on legal documents and case law.

Do I need legal advice to comply with the Party Wall Act?

While you may not need legal advice in every case, consulting a surveyor with knowledge of the Act can provide clarity and ensure you follow the correct procedures. This helps avoid disputes or potential legal action.

What is a schedule of condition?

A schedule of condition is a detailed document prepared by a surveyor. It records the condition of a property before construction begins. This is essential for resolving issues later, as it provides evidence in case of claims for damage or defects arising during the work.

What should I do as a building owner under the Party Wall Act?

Building owners are responsible for serving a proper party wall notice to all relevant parties, obtaining written consent or following dispute resolution if required, and ensuring agreements are legally documented. They must also ensure construction work is carried out in a way that minimizes potential risks to shared structures or neighbouring properties.

What if the proposed work takes place entirely on the building owner’s land?

If the proposed work does not impact any party wall, garden wall, or boundary, the Party Wall Act may not apply. However, it’s always good practice to notify neighbours to maintain positive relationships and avoid misunderstandings.

By following the Party Wall Act’s guidelines and seeking professional party wall advice, you can ensure the construction process runs smoothly while protecting the rights of everyone involved.

I am preparing to develop my house. Do I have to think or alert my neighbours of the Party Wall Act?

If any of the following statements are true, then yes:

– Work is being carried out to an existing shared structure/party wall (this includes chimneys)
– Building on or even close to a boundary line.
– Any alterations to a party structure.
– Excavating within 3 meters of a structure or building. You may need to speak to a specialist for advice, depending on the depth of a foundation.
– You construct a house or structure further away, and you need excavation. In the above cases, the party wall act 1996 will probably be needed. In this respect, you can nominate a Chartered Surveyor with expertise in Party Wall issues.

What does the surveyor do?

The inspectors will certainly examine your neighbour’s plans and may ask for additional information or changes to make certain that your structure is not damaged. Prior to job begins, the inspectors will certainly check out as well as videotape their condition. The surveyors accept an agreement referred to as the Party Wall Award, which defines the work authorised and also what happens if something goes wrong.

I am not happy about the Party Wall Award what can I do?

Within 2 week after it is offered, you can appeal the Party Wall Honour from the County Court. Could I get payment? Not often, but if a party wall constructed by your neighbour is utilized, he may have to offset the expense of its building and construction.

My Neighbour is building and hasn’t given any notice?

If the Building Owner does service or to a celebration framework (fence, wall surface, or floor wall) or digs within the recommended midst and ranges without initial serving Notices, he is damaging the legislation as well as can be prosecuted. If you are certain that he is acting in a way that requires activity under the Act yet has actually failed to do so, you should look for an injunction from the County Court. You ought to look for lawful guidance initially, but the treatment is straightforward.

What does the Notice have to include?

There is no need for unique types, but organisations such as the Pyramus & Thisbe Club and also the Royal Institution of Chartered Surveyors publish beneficial pro formas. These are easy to utilize as well as aid guarantee that nothing is ignored. The Notice should include the adhering to information: * The structure’s owner’s name and address. * The nature and also particulars of the suggested job, along with computations, sections, and also strategies where the Building Proprietor intends to construct reinforced concrete foundations. The recommended begin date for the work.

How do you make money?

Doing any work on a party wall, it is strongly advised to provide written appropriate notices to the adjoining owners.

This will include work that could affect the ceiling, floor or walls where someone is living. For flats, this applies to people living above and below a property.

Starting working with the adjoining owner’s consent could lead to the adjoining owner taking legal action to stop work from starting.

Without a party wall award and a schedule of condition in place, you become liable to any claims from an adjoining owner. Such as damages to the property that did not exist prior to work being done.

Could I stop the works?

You can not use the Component Wall surface Legislation to quit the work, yet rather, you will need to object for planning consent factors, as long as these are adhered to. The Party Wall Act gives you the lawful rights to function either on a party wall or near your residential or commercial property.

What happens if my property is damaged because of this party wall?

The party wall award information the problems that have to be fixed, the surveyors agree that they work and also be liable and that your neighbour can do the repairs or you might ask for payment to do so.

Can the builders access my property?

The Act gives the Structure Proprietor, his servants, agents, and workers the right to enter adjoining land to execute job authorized by the Act that can not be done otherwise. They can not just choose to do it by doing this due to the fact that it is easier, as well as they do not have the right to go next door to do function that is not straight covered by the Act. They need to provide affordable notification prior to getting in adjoining land; this is generally 2 week but can be “reasonable” when it comes to an emergency situation.

What are the building owners obligations?

Generally, he should offer a formal notice on the Adjoining Proprietor, notifying him of the scenario. Notices should be offered a couple of months before the begin of job. These notice durations are illustrated in the previous concern’s table with one star for one month and 2 stars for 2 months.

If the Neighbourhood Authority has served a Dangerous Structures Notification, the Structure Owner is not called for to serve a Party Structures Notice for job that the Local Authority has urged him to do. He should provide notice of the added job if he selects to do even more.