Services under the Party Wall etc. Act 1996

Party Wall

What is the Party Wall etc. Act 1996?

The Party Wall etc. Act 1996 is legislation created to resolve construction-related disputes between a building owner proposing works and any adjoining owner whose structure is adjacent to those works.

It offers a clear dispute resolution mechanism for managing disputes should they arise, thus avoiding lengthy and costly litigation between homeowners.

Notifiable works

Works notifiable under the Party Wall etc. Act 1996 are either proposals that include works to a party wall, at the boundary line or excavations within three or six metres of an adjoining property and at a depth lower than the neighbouring properties existing foundations. Extensions, basements, loft conversions and chimney breast removal are some of the common works carried out within the jurisdiction of the Party Wall, etc. Act 1996.

Works such as fitting shelves, replastering, wallpapering, and electrical rewiring are considered ‘de minimis’ under the Party Wall etc. Act 1996, meaning they are not significant enough to be notifiable under the Act.

Building and Adjoining Owners

The building owner is the developer who owns the land where works are being proposed. This can be a Freeholder or Leaseholder.

The Adjoining Owner is an owner or occupier of a building/structure adjoining that of a building owner who is proposing works notifiable under the Act. The Adjoining Owner can be a Freeholder or Leaseholder.

Notice

The building owner must notify all affected Adjoining Owners of their intention to carry out notifiable building works. This is normally done at least two months before commencing work. Adjoining Owners then have 14 days to reply. If no written consent is given within the timeframe, dissent is assumed, and the parties are deemed to be in dispute. 

A party wall dispute is not necessarily acrimonious. Disputes can arise simply because the property owner fails to respond. Your neighbour may also legally dispute your notice in order to be reassured that their interests won’t be adversely affected and to gain the legal protection of an Award.

Settling  a dispute

The surveyor or surveyors will settle any dispute that arises as a result of the notifiable works by making an award. Usually, prior to the notifiable works commencing, a schedule of condition survey will also be undertaken of areas of the adjoining owner’s property adjacent to the notifiable works to simplify matters in the instance that damage were to occur as a result of those notifiable works. The Party Wall Surveyor will also review the architectural plans and structural drawings to identify any additional protective measures or supports that may be required.

Usually, the building owner, as the party proposing works that will benefit them, will pay the costs of the surveyors (s) involved in drafting the award and managing the party wall process from receiving appointment to final inspection.

I am a Member of The Faculty of Party Wall Surveyors. For additional information, please click the link below:
The Faculty of Party Wall Surveyors

Additional RICS guidance is also below:
                                          RICS Consumer Guide: Party Walls