Party Wall etc Act 1996
Summary The Party wall Act was brought into force on the 1st July 1997 and provides a framework for preventing and resolving disputes, which can arise between neighbouring owners in respect of party walls and similar matters.
A breach of the Act can give rise to payments of compensation or an injunction
It covers three main areas: Construction of new wall on /or aside the boundary between adjoining lands Section 1)
Works to an existing party wall or party fence wall or floor and includes repairs / disrepair to shared garden walls (section 2)
Excavation within 3m / 6m from a neighbouring building (Section 6)
People proposing to carry out work by the kind covered by these sections must serve the appropriate Notice(s) on their adjoining neighbours in accordance with the Act. If in doubt, you should seek advice from your local Building Control Department or a Party Wall Surveyor. Adjoining owners can agree or disagree with what is proposed and where there is disagreement, Section 10 of the Act provides for the resolution of disputes.   No work may start until all neighbouring properties have agreed in writing or by Award between surveyors. Examples of the Party Wall Act in Action New construction on or close to the boundary If an owner intends to build a wall either at or astride the legal boundary a “ Party wall” then Notice should be served one moth before starting the work.  He can put any necessary projections of his foundations on his neighbours land and has a limited the right of access to undertake this work. Without this legislation, there is no automatic right of access onto a neighbours land for work of construction no matter how necessary or urgent the access is. However, this right of access should not cause unnecessary inconvenience or the adjoining owner may be entitled to payment in compensation. Excavation close to an adjoining building Where an owner is planning to excavate within 3 metres or 6 metres of his neighbour’s building and any part of the excavation will go below the depth of the adjoining neighbour’s foundations or impinge on an area below a 45 degree angle from the bottom of the foundation he must inform his neighbour one month before the works start. Repairs to party walls or shared party fence wall such as a “garden wall” The Act gives rights to both owners to use the wall as if each of them had exclusive ownership of it, not legally, but in effect including the rights to demolish and rebuild, underpin, raise, thicken, repair and cut into it, insert a DPC etc, as long as the neighbour is notified.  Where an owner wishes to carry out repairs or alterations to a wall under section 2 of the Act a “Party Structure Notice” must be served with any relevant information about the proposed works at least two months prior to undertaking the work. The neighbour on receipt of the notice can either: Give written consent within 14 days to the work to be done   Object to the work being done in writing (failing to reply to the notice is deemed objection) Serve a counter notice requiring additional work If you are concerned as to the condition of a party wall or shared “ garden wall” which needs repair, and this may have been caused by something on a neighbouring land such as tree roots or may have just fallen in a state of disrepair over the years, then the service of a repair Notice under section 2 of the Act will place a positive obligation on the owner(s) responsible for the damage or disrepair to deal with the problem or will allow an owner to carry out repairs to the shared wall and if necessary, to recover the costs for these works from a neighbouring owner, depending on the responsibility for the defect or want of repair to the wall. Resolving Disputes Where an adjoining owner has objected or deemed to have objected to the notice a dispute has arisen which should be resolved by the appointment of surveyors under Section 10 of the Act. For simple works it is hoped a single “Agreed surveyor” can be appointed to act for both parties. However, if the parties cannot agree then each should appoint their own surveyor with a third surveyor to arbitrate where necessary. The surveyor or surveyors draw up a legal agreement called a “ Party wall Award” which describes the work to be undertaken.  It is normal practice to record the condition of the neighbouring building before works start to avoid issues regarding damage or claims for damage. Any damage caused by the work will need to be made good or agreed by the surveyor(s) with the costs being paid by the respective owner. Conclusion As most buildings are built within 6 metres of each other, and works to shared structures, new construction and extensions could very likely fall within the requirements of the Act. You will have spent time and money securing valid planning permissions and Building Regulation approvals but, if you start notifiable works without following the requirements of the Act you risk the works being stopped or at worst an injunction being obtained. It is therefore essential for all Building Owners and professionals involved in the construction process understand the purpose and effects of the Act.   Peter Modrekelidze – Foxtrot Director is our party wall expert is a Member of the Royal Institution of Chartered Surveyors and Member of the Faculty of Party wall Surveyors.  He has many years experience in this specialist field of work and has acted for many building and adjoining owners under the Act. He is also able to offer advice on a full range of neighbourly matters including boundary disputes, right of light disputes, access agreements, expert witness reports and building disputes.   He would be pleased to discuss any aspects of the above and can be contacted on 0800 093 1627 or mobile  07817 786 028

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