The 1996 Party Wall Act - Inviso Surveying

The 1996 Party Wall Act came into force throughout England and Wales on 1st July 1997. The purpose of the act is to enable the development process by granting rights to those wishing to develop land, not otherwise available at common law, in particular access to neighbouring land and the right to site scaffold and plant as reasonably necessary to enable the works. The flip side of this is that the rights of neighbours are much better protected under the Party Wall Act than would otherwise be the case. Of particular note is the strict requirement for the person carrying out the works to make good or pay for the making good of any damage caused to neighbouring property.

Three main types of work are covered by the Party Wall Act, which are:

Works to a party wall or structure – examples of this might include the vertical extension of a party wall, for instance to enclose a new roof level extension or the cutting away of part of a wall, to accommodate a beam to be installed within it or to cut into the wall for flashings.

Building up to or astride the boundary – examples of this might include the construction of an extension tight up to the boundary line, or the construction of a new party fence wall astride the boundary.

Excavations within 3 meters/6 meters of neighbouring property – typically this is when an excavation is proposed to be constructed within 3 meters of a neighbouring building and a lower level than the footings of that building. A 6 meter notice is very similar but applied to buildings between 3 meters and 6 meters from neighbouring property and constructed with very deep foundations.

The Parties

The Party Wall Act identifies the parties as being:

The Building Owner i.e. the person who has commissioned the works
The Adjoining Owner i.e. the person who owns the neighbouring property.

In advance of works commencing, the Building Owner must serve notice on any Adjoining Owners likely to be affected by the work. Once received, the Adjoining Owner can either consent to the works, dissent but agree in the appointment of a single Party Wall Surveyor or dissent and appoint another Party Wall Surveyor. To see a typical form of notice click here.

If the Adjoining Owner fails to respond then the Surveyor appointed by the Building Owner can appoint a Surveyor on the Adjoining Owner’s behalf.

The Party Wall Act provides that in the event of one of the two Party Wall Surveyors failing to respond the remaining Surveyor can proceed on his own, this is known as acting Ex Parte.

The Award

The Party Wall Surveyors or the Agreed Surveyor then proceeds to draft a Party Wall Award which is a legal document defining the rights of the parties, what work is to be done, how the work is to be done and what will happen if damage occurs. The award will also detail which of the parties will pay the surveyors fees. To see an example of a Party Wall Award click here.

Depending upon the complexity of the work the surveyors or agreed surveyor will need to inspect the works as they progress so as to ensure that the likelihood of any damage to neighbouring property is minimised. Once the work is complete then a final inspection is usually made in order to sign off the work.

As regards costs, in almost all cases the Building Owner is responsible for the costs of the Party Wall Award including the fees of the Party Wall Surveyors or Agreed Surveyor.

It is important to factor in a reasonable time period to complete the Party Wall Award prior to commencement of work. Certain waiting times are built into the procedure to allow due consideration by the parties and the proper planning of the works. Whilst this can be shortcut by the agreement of the parties, this is no means guaranteed.

In general terms for work of simple content, 3 months is a reasonable period of time to allow for the completion of a Party Wall Award

Finally, should a Building Owner fail to serve a notice on an Adjoining Owner and proceeds with work, then an Adjoining Owner could apply for an injunction to halt the works whilst a notice is served and an Award agreed. This could prove extremely costly and inconvenient for the Building Owner. So for those planning to carry out the development of their property, it is vitally important that the advice of a Party Wall Surveyor is sought at the earliest opportunity and certainly well in advance of any planned start date.

Any questions you want answering? Either contact us using the form on the right or view on Party Wall Act FAQs.

FAQ's

Q - I am considering carrying out various works to my property, in what circumstances does the Party Wall Act apply?

A – The Act applies in the following circumstances;

Where it is intended to carry out the physical alteration of a Party Wall, eg raising the wall, underpinning the wall, increasing the thickness of the wall or cutting into the wall (perhaps to insert a structural beam).

Where it is intended to build a new wall tight up to or astride the boundary line.

Where it is intended to build within 3m of a neighbouring building and to excavate for foundations at a lower level than those of the neighbouring building or where it is intended to build within 6m and to excavate for foundations at a level lower than a line drawn at 45 degrees down from the foundations of the neighbouring building.

Q - I am building an extension and I know I need to serve a Party Wall Notice on my Neighbour, but if he objects and Surveyors have to be appointed then it could get expensive. What happens if I just take the risk and carry on?

A – Your Neighbour could seek an injunction at the County Court to stop the works and which could get very expensive indeed in term of claims for delay and expense by the Builder – and you will still need to serve notice and follow the procedure.

It is also worth noting that when either property is sold Solicitors will want to see evidence of consent or an Award as part of their pre-exchange enquiries.

Q - I have served a 3m/6m Party Wall Notice on my Neighbours 3 weeks ago but they are just ignoring me, what can I do?

A – A dispute is now deemed to have arisen so you will need to appoint a Surveyor who can serve a 10 day Notice on your Neighbours. If they fail to respond then a Surveyor can be appointed on their behalf.

Q - Does the Act give a right of access to neighbouring land?

A – Yes, the Act does give rights of access over and above that given in the Access to Neighbouring Land Act which is generally restricted to works of maintenance .

If a dispute arises under the Act and an Award is published then it is normal to include access arrangements within it. Otherwise the Act provides a right of access, exercisable by giving reasonable notice. Such access is restricted to the carrying out of works in pursuance of the Act and nothing else (for example for a 3m notice, there would be an entitlement for access for the excavation work, but not necessarily to enable the construction of walls subsequently) which is not to say that such access cannot be agreed between the parties and written into a Party Wall Award.

Finally, it is an offence (prosecutable at a Magistrate’s Court) for an Adjoining Owner to deny or obstruct access to those who might reasonably be known to be entitled to it.