The Party Wall etc. Act 1996

The Party Wall Act has been with us now for over 10 years but is still all too often overlooked by Building Owners planning work which may have a bearing on their neighbour’s property. As well as setting out the rights and obligations of the respective owners the Act lays down a standard procedure to be followed by the parties.

Three categories of work come within the scope of the Act. The first, and the one which most people are aware of, is any work that cuts into or places additional load upon a wall which is shared by two or more neighbouring properties. This will include the insertion beams and the removal of chimney breasts but also smaller work such as cutting in flashings. Very minor works such as drilling small holes for fixings, inserting recessed cables or sockets and re-plastering are not covered.

The second category of work, and the one that is most often overlooked, is adjacent excavations. Depending upon the depth of the foundations this can extend to within six meters of a neighbour’s property. Situations where this part of the Act will be invoked include excavations for foundations or basement conversions.

The final category of work with which the Act is concerned is the construction of new walls astride or up to the boundary. Unless a neighbour gives their consent any new walls will have to be on the Building Owners side of the boundary although the foundations can cross over the boundary so long as they are not reinforced with steel.

Before a Building Owner can commence work from any of the three categories a Party Wall Notice must be served. There are different notices depending upon the type of work and the notice periods vary between one and two months.

Upon receipt of a notice the Adjoining Owner will be presented with three choices:

• To consent to the proposals – consent from the Adjoining Owner means that work can commence immediately and everything that follows will be outside of the Act.

• To dissent and concur in the Building Owner’s choice of surveyor as ‘Agreed’

• To dissent and appoint a surveyor of their choice

If the Adjoining Owner chooses to consent they should do this within 14 days as after that point a ‘dispute’ is deemed to have arisen under the Act and the two parties must appoint surveyors to resolve that dispute. The Act allows for the appointment of a single ‘Agreed’ surveyor but only if the Adjoining Owner agrees.

A common misconception is that a failure to reply by the Adjoining Owner means the Building Owner can start work at the end of the notice period. In fact, if the Adjoining Owner ignores the original notice the Building Owner must send a follow-up letter stating that they have a further ten days to appoint a surveyor. If the adjoining owner remains silent then the Building Owner must make an appointment on their behalf and should exercise a similar level of care as if he were making the appointment for himself.

Once surveyors have been appointed they should start preparing the Party Wall Agreement (known as an ‘Award’). The Award is a legal document which sets out the rights and responsibilities of the respective owners. It will cover areas such as working hours, contractor’s public liability insurance and most importantly what should happen if some damage occurs to the Adjoining Owner’s property. The surveyor will also examine the proposals and if appropriate request changes to minimize the risk to the adjoining Owner’s property.  The Award will also contain a record of the condition of the Adjoining Owner’s property before any work starts. This may later be used as evidence.

When the surveyors have agreed on the contents of the award it will be signed and witnessed and served upon the respective owners. Technically there is a fourteen day appeal period for the owners if they believe that the award has been improperly drawn up although this is seldom observed. In all normal circumstances surveyors’ fees are paid by the Building Owner.

If the work progresses smoothly the surveyors will not return until the works are complete when they will check the Adjoining Owner’s property against the original Schedule of Condition. There will be provision within the award for intermediate inspections if any damage occurs. Damage will normally be repaired by the Building Owner’s contractor although the Adjoining Owner normally has the option of receiving payment in lieu. 

Justin Burns MRICS of Peter Barry Party Wall Surveyors