Information on the Party Wall Act Learn about the Party Wall Act and how it applies to your building projects. This guide covers general guidance about complying with the Act, including what works require a notice, the responsibilities of building owners and adjoining owners, and what to do if you encounter disputes.
What is the Party Wall Etc. Act 1996?The Party Wall Etc. Act 1996 establishes procedures for resolving disputes and protecting both building owners and adjoining owners during construction on shared structures or nearby excavation. It facilitates certain building works while seeking to minimise potential conflicts and legal costs. Which Works Require a Party Wall Notice?A notice is necessary if you plan any of the following:
Building a new wall on or astride the boundary line between properties.
Work on an existing party wall or boundary wall, such as:
Underpinning, thickening, or raising the structure.
Repairing, demolishing, and rebuilding due to structural defects.
Cutting into the party wall for installations.
Demolishing and rebuilding to meet statutory requirements.
Excavations within 3 meters (or 6 meters for piling) of the adjoining property.
Which Works Do Not Require a Notice?Minor works that generally do not require a notice include:
Drilling into a party wall for fixtures.
Shallow chases for wiring.
Re-plastering.
Temporary structures like fences or sheds.
Building Owner vs. Adjoining Owner
Building Owner: The party planning works under the Act. They are responsible for serving notices.
Adjoining Owner: The neighboring property owner notifiable in accordance with the Act.
Responsibilities of a Building OwnerIf your proposed works fall under the Act, you must:
Serve a notice to all relevant adjoining owners.
Wait for consent whether to the notice or by way of a party wall award before starting the work.
Consequences of Not Issuing a Party Wall NoticeProceeding without a notice can lead to:
Court Injunctions: An adjoining owner can seek legal action to halt or remove unauthorized works. This can result in legal costs against the building owner.
Claims for Damages: The absence of a notice does not protect you from damage claims, and higher damages may be awarded by a judge compared to surveyor assessments.
Difficult Defenses: Without a condition survey, defending against damage claims is challenging.
Difficultly in Selling and Remortgaging: Lenders and solicitors may ask for party wall paperwork. The failure to provide any could be problematic.
If you are threatened with an injunction you must act quickly and decisively to prevent costs from escalating. We may be able to help. Click the button below for more details.
It is important to note, not having issued a notice does not protect the building owner against claims for damages. In such an event, if the matter were to end up in court, a judge may award higher damages/costs than awards made by surveyors.
Additionally, not having established the original condition of the neighbouring property(ies) by way of a condition survey, it could be difficult to defend against some claims for damage.
Having made the mistake of progressing without first serving the appropriate notice/s, you might still find the formality of paperwork could be beneficial. We may be able to help. Click the button below for more details.
Communicate with Neighbors: Inform them about your plans before serving the notice to maintain good relations and potentially avoid extra costs.
Serve Written Notice: Include specific information and drawings, following the Act's guidelines. Ensure the notice meets all requirements to avoid delays and costs.
Any notice not meeting the required standards may be invalid which can lead to delays and additional costs .
If you choose to prepare your own notice, it is sensible to have it checked by a party wall surveyor before service to avoid any unnecessary problems arising.
I have been served with a notice, what should I do? You should immediately contact us. We will offer FREE IMPARTIAL ADVICE advice specific to your case.
If required, you can appoint us to act on your behalf. Our fees usually are paid for by the building owner not you (except in exceptional circumstances which we will discuss with you should they apply). You can either CONSENT or DISSENT to the notice
Where you have decided to CONSENT it is still sensible to ask for a condition survey to benchmark 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.
What is a Party Wall Award?An award is necessary if you dissent to a notice. It is a legally binding document prepared by surveyors to set conditions on the works, aiming to prevent damage and inconvenience. Note: Dissenting does not stop the works but ensures conditions are in place. 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 (charges may apply). 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 completed the works. This should help reduce the risks associated with the work and should make it easier for you for recover any losses you may incur without the potential risks and costs associated with court actions.
Even where works have been completed, you (and your neighbour) might find the formality of paperwork could still be beneficial. We may be able to help. Click the button below for more details.
