Quick Guide to the Act
Information on the Party Wall Act
If you require FREE NO OBLIGATION ADVICE from a QUALIFIED PARTY WALL EXPERT feel free to call one of our Party Wall Surveyors on 0207 11 88 3 55. One of our team will be happy to assist you with your enquiry.
General information on the Act and its application are outlined below.
What is the Party Wall Etc Act 1996?
The Party Wall Etc. Act 1996 makes provision for dealing with works that are likely to affect Party Walls and include excavations within close proximity to neighbouring structures. The Act exists to protect both the Building Owner and Adjoining Owners from potential issues that may arise from the proposed works.
It is an enabling Act designed to allow the Building Owner to carry out necessary actions in the course of certain types of building works to their property.
Which works require a Notice?
Generally the Act should be considered if any of the following 3 categories of works are being undertaken and there are adjoining or neighbouring properties in close proximity to the proposals (more common types are in bold):
Works on a Party Wall that are so minor that service of a Notice is not usually necessary can include:
Building Owner or Adjoining Owner?
A ‘Building Owner’ is the person who intends to undertake work that comes under the scope of the Act. It is the Building Owner’s responsibility to serve a Notice, where necessary.
An ‘Adjoining Owner’ owns (or occupies with a tenancy of greater than a one year) land, buildings, storeys or rooms that are in close proximity to the proposed works.
As a Building Owner, what are my duties?
In proposing to undertake works which are notifiable under the Act, the Building Owner must inform all adjoining owners.
What might happen if I decide to proceed without issuing a Party Wall Notice?
Should the Building Owner choose to commence work without having issued a Notice, an Adjoining Owner may seek a Court Injunction to prevent you continuing and/or requiring you to remove any works already carried out. Recent judgements suggest the Courts are taking a dim view of non-compliance with the Act and the risk is that an Injunction would be granted, with the Adjoining Owner’s legal costs being awarded against the Building Owner.
It is important to note, not having issued a Notice does not protect the Building Owner against claims for damages.
In such an event the courts may award higher damages than Awards made by Surveyors. Additionally, not having established the original condition of the neighbouring property(ies) by way of a Schedule of Conditions, it would be difficult, if not impossible, to defend against some claims for damage.
As a Building Owner, how do I inform Adjoining Owners?
It is sensible for the Building Owner to speak to their neighbours before serving a formal Notice. Keeping the neighbours well informed and ‘on side’ can save you extra fees incurred where the Adjoining Owner/s wishes to appoint their own surveyor/s. The final bill can double and even triple in such cases.
Notices should then be given in writing to Adjoining Owners that fall within the scope of the Act stating that it is a Notice under the Provisions of the Act.
The Notices should be served in accordance with the relevant timescales set out in the Act and must contain specific information and appendances in order to be validated under the Act.
Any Notice not meeting the required standards may be invalid.
It is sensible to have any Nortice checked by a Party Wall Surveyor before service to avoid any unnecessary problems.
I have been served with a Notice, what should I do?
You should immediately contact us on 0207 11 88 3 55 and talk to one of our Surveyors who will offer advice specific to your case. If required, you can appoint us to act on your behalf. Our fees are paid for by the Building Owner not you (except in exceptional circumstances which we will discuss with you at the outset). You can either CONSENT or DISSENT to the Notice. Where you have decided to CONSENT it is still sensible to ask for a Schedule of Conditions to establish the condition of your property prior to works commencing. This will make it easier for you to recover any losses you may incur as a result of any works covered under the Act. The fees for this will be paid by the Building Owner.
DISSENTING from the Notice does not prevent the Building Owner from going ahead with the works. It simply invokes the Party Wall Act and gives you the protection that the Act affords. This will make it easier for you for recover any losses you may incur without the potential risks and costs associated with court actions.
My neighbour has started work but I have not received a Notice, what can I do?
Call us immediately. We will assess the works to confirm if the works are notifiable. If notifiable works commence without a Notice having been served we would initially recommend you speak to your neighbour and ask them to stop works whilst the matter is considered. We can contact them on your behalf if you wish. If your neighbour refuses to stop work or consider the Act you can seek a court injunction to stop the works.
We will encourage your neighbour to issues a notice if they haven’t started works. This will make it easier for you for recover any losses you may incur without the potential risks and costs associated with court actions.
As an Adjoining Owner, who can I appoint?
We recommend you appoint someone who is a member of the Faculty of Party Wall Surveyors. All of our team are specifically trained and qualified in handling Party Wall issues. Remember, our fees are paid for by the Building Owner not you, except in exceptional circumstances which we will discuss with you at the outset.
You can also agree to use the Building Owner’s Surveyor. This is known as an Agreed Surveyor. Some Adjoining Owners fear that the Agreed Surveyor may act impartially as he/she is appointed and paid for by them. His duty is to be impartial. You can decide what you want to do.
What is an ‘Award’?
An Award is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to resolve the dispute that has arisen between the parties so as to enable the works to proceed. It includes how the work is to be carried out and details who is responsible for the costs of the works and any additional fees. In normal circumstances this will be the Building Owner. An Award should contain a record of the condition of the adjoining property before the works begin so any damage to the Adjoining Owner’s property can be properly attributed. It is a legally binding document used to resolve the dispute. It can also include the fees of the Surveyor/s.
How long should the process take?
After service of the required Notice the Adjoining Owner has 14 days in which they can CONTENT or DISSENT to the Notice. If they fail to reply a dispute will be deemed (except under Section 1(2) where an automatic consent will occur). Once a DISSENT has occurred a Surveyor must be appointed. This may be an Agreed Surveyor or separate Surveyors appointed by each side. Normally the process should be complete within 1 calendar month, although this is dependent on the information available. The Notice period for party structure works is 2 months. If an Award is agreed sooner, where the Adjoining Owner agrees, the work can progress immediately after the serving of that Award.
If you require FREE NO OBLIGATION ADVICE from a QUALIFIED PARTY WALL EXPERT feel free to call one of our Party Wall Surveyors on 0207 11 88 3 55. One of our team will be happy to assist you with your enquiry.
General information on the Act and its application are outlined below.
What is the Party Wall Etc Act 1996?
The Party Wall Etc. Act 1996 makes provision for dealing with works that are likely to affect Party Walls and include excavations within close proximity to neighbouring structures. The Act exists to protect both the Building Owner and Adjoining Owners from potential issues that may arise from the proposed works.
It is an enabling Act designed to allow the Building Owner to carry out necessary actions in the course of certain types of building works to their property.
Which works require a Notice?
Generally the Act should be considered if any of the following 3 categories of works are being undertaken and there are adjoining or neighbouring properties in close proximity to the proposals (more common types are in bold):
- Building of a new wall to or astride a boundary.
- Work on an existing Party Wall or party fence wall. Types of works include:
- Underpinning, thickening or raising
- Making good, repairing, demolishing and rebuilding due to defect of the structure
- Demolishing a partition and rebuilding a Party Wall conforming to statutory requirements
- Demolishing arches over public passages and rebuilding conforming to statutory requirements
- Demolishing party structure to rebuilding with sufficient strength
- Cutting into a party structure for any purpose
- Cutting away any footing or projection
- Cuttung away or demolishing parts of any wall of adjoining owner overhanging building owner land to enable a vertical wall to be erected
- Cutting into wall of adjoining owner to insert flashing or weather proofing
- Necessary works incidental to the connection of a party structure
- Raising a Party Fence Wall
- Reducing, demolishing and rebuilding
- Exposing a party wall to provide adequate weathering
- Works to excavate within 3 metres or 6 metres of the adjoining property (see section 6 of Act)
Works on a Party Wall that are so minor that service of a Notice is not usually necessary can include:
- Drilling into Party Walls to fix plugs and screws
- Shallow chasing into Party Walls to add or replace recessed electric wiring
- Re-plastering
- Boundary fences, sheds or temporary structures
Building Owner or Adjoining Owner?
A ‘Building Owner’ is the person who intends to undertake work that comes under the scope of the Act. It is the Building Owner’s responsibility to serve a Notice, where necessary.
An ‘Adjoining Owner’ owns (or occupies with a tenancy of greater than a one year) land, buildings, storeys or rooms that are in close proximity to the proposed works.
As a Building Owner, what are my duties?
In proposing to undertake works which are notifiable under the Act, the Building Owner must inform all adjoining owners.
What might happen if I decide to proceed without issuing a Party Wall Notice?
Should the Building Owner choose to commence work without having issued a Notice, an Adjoining Owner may seek a Court Injunction to prevent you continuing and/or requiring you to remove any works already carried out. Recent judgements suggest the Courts are taking a dim view of non-compliance with the Act and the risk is that an Injunction would be granted, with the Adjoining Owner’s legal costs being awarded against the Building Owner.
It is important to note, not having issued a Notice does not protect the Building Owner against claims for damages.
In such an event the courts may award higher damages than Awards made by Surveyors. Additionally, not having established the original condition of the neighbouring property(ies) by way of a Schedule of Conditions, it would be difficult, if not impossible, to defend against some claims for damage.
As a Building Owner, how do I inform Adjoining Owners?
It is sensible for the Building Owner to speak to their neighbours before serving a formal Notice. Keeping the neighbours well informed and ‘on side’ can save you extra fees incurred where the Adjoining Owner/s wishes to appoint their own surveyor/s. The final bill can double and even triple in such cases.
Notices should then be given in writing to Adjoining Owners that fall within the scope of the Act stating that it is a Notice under the Provisions of the Act.
The Notices should be served in accordance with the relevant timescales set out in the Act and must contain specific information and appendances in order to be validated under the Act.
Any Notice not meeting the required standards may be invalid.
It is sensible to have any Nortice checked by a Party Wall Surveyor before service to avoid any unnecessary problems.
I have been served with a Notice, what should I do?
You should immediately contact us on 0207 11 88 3 55 and talk to one of our Surveyors who will offer advice specific to your case. If required, you can appoint us to act on your behalf. Our fees are paid for by the Building Owner not you (except in exceptional circumstances which we will discuss with you at the outset). You can either CONSENT or DISSENT to the Notice. Where you have decided to CONSENT it is still sensible to ask for a Schedule of Conditions to establish the condition of your property prior to works commencing. This will make it easier for you to recover any losses you may incur as a result of any works covered under the Act. The fees for this will be paid by the Building Owner.
DISSENTING from the Notice does not prevent the Building Owner from going ahead with the works. It simply invokes the Party Wall Act and gives you the protection that the Act affords. This will make it easier for you for recover any losses you may incur without the potential risks and costs associated with court actions.
My neighbour has started work but I have not received a Notice, what can I do?
Call us immediately. We will assess the works to confirm if the works are notifiable. If notifiable works commence without a Notice having been served we would initially recommend you speak to your neighbour and ask them to stop works whilst the matter is considered. We can contact them on your behalf if you wish. If your neighbour refuses to stop work or consider the Act you can seek a court injunction to stop the works.
We will encourage your neighbour to issues a notice if they haven’t started works. This will make it easier for you for recover any losses you may incur without the potential risks and costs associated with court actions.
As an Adjoining Owner, who can I appoint?
We recommend you appoint someone who is a member of the Faculty of Party Wall Surveyors. All of our team are specifically trained and qualified in handling Party Wall issues. Remember, our fees are paid for by the Building Owner not you, except in exceptional circumstances which we will discuss with you at the outset.
You can also agree to use the Building Owner’s Surveyor. This is known as an Agreed Surveyor. Some Adjoining Owners fear that the Agreed Surveyor may act impartially as he/she is appointed and paid for by them. His duty is to be impartial. You can decide what you want to do.
What is an ‘Award’?
An Award is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to resolve the dispute that has arisen between the parties so as to enable the works to proceed. It includes how the work is to be carried out and details who is responsible for the costs of the works and any additional fees. In normal circumstances this will be the Building Owner. An Award should contain a record of the condition of the adjoining property before the works begin so any damage to the Adjoining Owner’s property can be properly attributed. It is a legally binding document used to resolve the dispute. It can also include the fees of the Surveyor/s.
How long should the process take?
After service of the required Notice the Adjoining Owner has 14 days in which they can CONTENT or DISSENT to the Notice. If they fail to reply a dispute will be deemed (except under Section 1(2) where an automatic consent will occur). Once a DISSENT has occurred a Surveyor must be appointed. This may be an Agreed Surveyor or separate Surveyors appointed by each side. Normally the process should be complete within 1 calendar month, although this is dependent on the information available. The Notice period for party structure works is 2 months. If an Award is agreed sooner, where the Adjoining Owner agrees, the work can progress immediately after the serving of that Award.
