The Party Wall etc. Act 1996 gives the Building Owner (the person carrying out the work) specific rights to perform certain types of work on a shared party wall that extend beyond common law rights. According to Section 2 of the Act, the most common types of work include:
- Repairing or maintaining a party wall
- Inserting a damp-proof course
- Underpinning the party wall to prevent settlement
- Cutting into the wall to support a beam (e.g., for loft conversions)
- Raising the height of the wall (e.g., adding another storey)
- Extending the wall downwards (e.g., for a basement)
- Demolishing and rebuilding the wall if structurally defective
- Removing projections, such as chimney breasts, to build a new adjacent wall
These rights are granted as long as the proper procedures, such as notification and consent, are followed.
What Are My Duties Under the Act?
If you’re carrying out any work covered by Section 2 of the Act, you must inform all Adjoining Owners (neighbours) whose property could be affected. Even cutting into your own side of the wall requires notification to the Adjoining Owner.
Although the Act does not enforce penalties for failing to serve a notice, Adjoining Owners can seek a court injunction to halt work if the proper notice has not been served. Additionally, even if the work is allowed under the Act, you must ensure no unnecessary inconvenience is caused and provide temporary protection for neighbouring properties if necessary. You must also compensate for any damage caused by the works.
Do Minor Works Require a Party Wall Notice?
Minor works, such as:
- Drilling into a party wall for wall units or shelving
- Cutting into the wall for new electric sockets
- Removing and replacing plaster are generally too minor to require a formal notice under the Act. However, if the work could affect the structural integrity or cause damage to the Adjoining Owner’s side of the wall, it’s best to seek professional advice to ensure compliance with the Act.
Who Is an ‘Adjoining Owner’?
An Adjoining Owner is any person who owns land or property that shares a boundary with the Building Owner’s property. This includes:
- Freeholders
- Leaseholders
- In some cases, local authorities
The Adjoining Owner may be one or more owners of the neighbouring property. In cases where Section 6 of the Act (related to excavations) applies, a property may be deemed adjoining even if it does not share a boundary but is within the specified distance.
How to Inform the Adjoining Owner(s)
Before formally serving a notice, it is recommended to have a conversation with the Adjoining Owners about your planned work. Clear communication can lead to smoother approval and may help you avoid disputes.
Your notice must include:
- Your name and address (and the names of all joint owners, if applicable)
- The address of the property where the work is being done
- A full description of the planned works (including excavation work)
- The proposed start date, ensuring compliance with the required notice period
You can deliver the notice by hand, post (with proof of delivery), or email (if the Adjoining Owner agrees to receive notices this way).
What Happens After Serving the Notice?
Once you’ve served the notice, the Adjoining Owner has 14 days to respond. They can:
- Consent in writing, allowing work to proceed
- Dissent, in which case a dispute resolution process is initiated
- Do nothing, which is treated as a dissent after 14 days
It’s important to note that even if consent is given, you must still meet all responsibilities outlined in the Act, such as avoiding unnecessary inconvenience and providing temporary protection if needed.
What Happens if I Receive a Counter-Notice?
If the Adjoining Owner disagrees with the work and issues a counter-notice within one month, you must respond within 14 days. If you fail to respond, the matter will be treated as a dispute.
What if We Can’t Agree?
If you and the Adjoining Owner cannot come to an agreement, you should appoint an Agreed Surveyor to make a Party Wall Award. Alternatively, you can each appoint your own surveyor, and they will select a third impartial surveyor if needed.
The surveyor’s role is to resolve any disputes fairly and impartially, ensuring compliance with the Act and that both parties’ rights are respected.
Surveyor Fees and Responsibilities
Typically, the Building Owner covers the surveyor’s costs, including the Adjoining Owner’s surveyor fees, if the work is solely for their benefit. If the work is required due to defects, the costs may be shared between the parties, based on their use and responsibility for the wall.
Need more information on surveyor fees?
Get in touch with the Simple Survey team at team@simplesurvey.co.uk, and we’ll explain everything in detail.