Party Walls

Legislation concerning party walls has been in existence in Inner London since the 17th. Century. It was not until 1996 that this well-tried and tested legislation was extended to cover the whole of England and Wales in the form of
the Party Wall etc. Act, 1996.

What does the Act cover?

The Act concerns itself with any building work to a party wall separating the properties of two, or more owners. It also has provisions which cover building work up to 6 metres from a wall owned by an adjacent owner when such a wall is not a party wall – hence the ‘etc.’ in the Act’s title.

What are the main purposes of the Act?

To minimise litigation when one owner has carried out the sort of work just mentioned and the other owner considers that damage has been done to his property as a result and to safeguard, as far as possible, the building adjoining, or adjacent to that where building work is to take place.

In return for following the procedures laid down in the Act, the legislation confers certain rights on an owner (referred to as ‘the Building Owner’) who wishes to carry out certain building works. Such building works can include for example, cutting into a party wall, raising it’s height, or forming foundations which are to a greater depth than those to an adjoining, or adjacent owner (referred to as ‘the Adjoining Owner’ in the Act).

Surveyors play a central role in the procedures laid down in the Act and Nigel Carter & Co. have many years of experience in this area of professional practise.

What are the procedures set out in the Act?

Very much in summary, the procedures are as follows:-

1. Before the Building Owner can carry out any work covered by the Act, he must serve a Notice on the Adjoining Owner that he intends to exercise one, or more of the rights the Act confers on him.
   
   
2. The Adjoining Owner may either consent to the Notice (in which case there is no further action required under the Act), or dissent from it. Most Adjoining Owners will dissent from the Notice, as this then allows them to follow the rest of the procedure and helps to safeguard their property.
   
   
3. Having dissented from the Notice, a dispute is then deemed to have arisen between the owners. Both owners are then required to appoint a Surveyor who will take matters forward. Each owner may appoint a Surveyor, or the owners can agree to appoint one; ‘the Agreed Surveyor’. It is important to note that the Surveyor/s act on behalf of the building and not on behalf of the owners who appoint them. Impartiality is thus assured.
   
   
4. The Surveyors will then prepare a Schedule of Condition of the Adjoining Owner’s building. This Schedule acts as a yardstick against which any damage the work to the Building Owner’s building may cause can be measured.
   
   
5. The Surveyors will agree the detail of the proposed works and need to be satisfied that what is intended will not threaten, or damage the Adjoining Owner’s building.
   
   
6. Finally, they will prepare a Party Wall Award. This is a document which describes the proposed works, the conditions under which it is to be carried out and will include the Schedule of Condition and relevant drawings.
   
   
7. Having agreed and signed the Award, the Surveyors then ‘publish’, or issue the document to their respective owners. Provided neither owner appeals against the Award to the County Court within fourteen days, the Award becomes legally binding on the parties and the proposed works can commence.

Who pays the Surveyors’ fees?

In the great majority of instances, the Building Owner is required to pay all the Surveyors’ fees. In most cases therefore, there is no financial burden on the Adjoining Owner.

What happens if the proposed works cause damage?

The Party Wall Award will contain clauses which require the Building Owner to repair and damage caused, or meet the cost of putting it right.

It must be emphasised that the above information describes the workings of the Party Wall etc. Act, 1996 in general and abbreviated terms. There are many variations and subtleties, depending on the particular circumstances.