Overview
The Party Wall etc. Act 1996 has been in force for nearly 30 years, but many owners still misunderstand what it does and does not do. These are some of the most common myths.
1. "My extension is on my land, so the Act does not apply."
Not necessarily. The Act can apply even where all the building work is on your own land. Section 6 may apply to excavations close to a neighbour's structure, and section 1 may apply to new walls built at or astride the boundary.
2. "My neighbour consented, so I do not need to serve a notice."
Informal consent is not enough. Where the Act applies, the building owner should serve the correct notice. The adjoining owner can then give written consent, dissent and agree to an agreed surveyor, or dissent and appoint their own surveyor.
3. "A retrospective award can always fix a failure to serve notice."
No. Retrospective awards are a difficult and limited area. Surveyors should not pretend that the Act was followed when it was not. If the work is complete and damage has occurred, the matter may fall outside the normal party wall process and require legal advice.
4. "My neighbour can always stop foundations projecting beyond the boundary."
Not always. The Act can allow foundations to project beyond the boundary where that is necessary for work authorised by the Act. However, special foundations require written consent, and a neighbour may be entitled to cut away projecting foundations later if necessary for their own works.
5. "An adjoining owner can simply refuse access."
Section 8 gives access rights where access is necessary for works authorised by the Act and the correct notice has been given. If access is wrongly refused, the building owner may need to seek formal enforcement, including a magistrates' warrant in appropriate cases. It should not be treated as a casual right to force entry.
6. "If my neighbour does not reply, I can start work."
No. If the adjoining owner does not respond within 14 days, a dispute is deemed to have arisen. Surveyors then need to be appointed. If the adjoining owner still fails to appoint, the building owner can appoint a surveyor on their behalf under section 10(4).
7. "The party wall award covers the whole building project."
It does not. The award only regulates matters within the Act. On a large extension, the only notifiable work may be the foundations, cutting into a party wall, raising a party wall or building at the line of junction. General building work outside the Act is not controlled by the award.
Conclusion
Most party wall problems start with a misunderstanding of what the Act actually covers. Getting the notice stage right, and understanding the limits of the Act, avoids many unnecessary disputes.