If you live in a terraced or semi-detached property, you’re likely familiar with the concept of a party wall. This is a wall or structure that divides two adjoining properties. It can also include shared elements such as floors between flats or other structures that are jointly owned.
When making plans for home improvements like extensions, loft conversions, or basement excavations that affect a party wall, it’s essential to be aware of the Party Wall etc. Act 1996. This legislation outlines the rights and responsibilities of property owners when carrying out work that impacts shared walls or structures.
What Does the Party Wall Act Cover?
The Party Wall Act applies to a variety of construction and alteration work, including:
• Building or extending a party wall or structure
• Excavation and foundations close to a neighbouring property (within 3 metres of an adjoining owner’s land or 6 metres if the excavation affects the neighbour’s foundations)
• Repair and alteration of existing party walls
• Removal of chimney breasts
• Cutting pockets into walls to insert beams or other elements
These types of work may trigger the need for legal notifications, particularly if the construction encroaches upon the party wall or the space shared with the neighbouring property.
Notification Requirements
If your work affects a party wall or structure, you must notify your neighbours in writing by serving a Party Wall Notice. This notice must be sent at least one month before beginning any construction that affects the shared wall or structure. Failure to serve this notice could lead to delays or additional costs, as your neighbour may seek an injunction to stop the work.
Once the notice has been served, your neighbour has 14 days to respond. They can either:
• Consent to the work, in which case construction can begin after the notice period, or even earlier if agreed.
• Dissent, which means they object to the work.
If no response is received, the law assumes the parties are in dispute, and further steps will be needed.
What Happens if There’s a Disagreement?
If your neighbour does not consent or responds late, both parties are considered to be in dispute. At this point, surveyors need to be appointed. You can either appoint one surveyor to act for both parties, known as an agreed surveyor, or each party can appoint their own surveyor. If the surveyors cannot agree, a third surveyor will be brought in to help resolve the issue.
The appointed surveyor(s) will draw up a Party Wall Award, a legally binding document that details:
• The scope of the work to be done
• A timeline and method statement for the construction
• Cost allocation, including who will pay for surveyor fees and the work itself
Typically, the party carrying out the construction is responsible for the surveyor’s fees.
Why Appoint a Surveyor?
Even if your neighbour consents to the work, it is advisable to appoint a surveyor to assess the condition of the party wall or structure beforehand. This ensures that any damage caused during the construction can be properly recorded and remedied.
Compliance with the Party Wall Act
To avoid legal issues and ensure that your building work proceeds smoothly, it is essential to comply with the Party Wall Act. Simple Survey can help guide you through the process, ensuring that all necessary notices are served and that your rights and obligations are protected throughout the construction process.
By understanding the Party Wall Act, you can safeguard your project, maintain a good relationship with your neighbours, and avoid unnecessary delays or costs.