When embarking on construction projects involving shared property boundaries, understanding the Party Wall Act of 1996 is crucial. This legislation provides a framework for resolving potential disputes between neighbouring property owners regarding walls, fences, and structures that straddle the boundary line.
In this article, we will delve into the key aspects of the Party Wall Act, including:
- Defining party walls and party fence walls
- Understanding when the Act applies
- Outlining the notification process
- Explaining the role of Party Wall Surveyors
- Highlighting the importance of compliance
What is a Party Wall and a Party Fence Wall?
A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners. Such a wall:
- is part of one building (Diagram 1)
- or separates two (or more) buildings (Diagram 2)
- or stand within 3 or 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations (Diagram 6 & 7)
A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and a masonry garden wall. This does not include wooden fences or hedges. (Diagram 3)
Party Structure
This is a wider term, which could be a wall or floor partition or other structure separating buildings or parts of buildings approached by separate staircases or entrances for example flats Walls. (Diagram 5)
What is the Party Wall Act?
The Party Wall etc. Act 1996 is a statutory process which covers all works undertaken to and on, or close by a party wall.
What does the Act cover?
- Works that are going to be carried out directly to an existing party wall or party structure
- New building at or astride the boundary line between properties
- Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations (sheds not included)
- Enclosing upon a party wall: For example, the building owner intends to convert the loft into a habitable space and make use of the neighbour's parapet wall.
What is the process?
The Party Wall Surveyor will review the plans/structural drawings, will undertake land registry searches and any other relevant information to ensure which works are notifiable under the Party Wall etc. Act and advise on which notices are required.
Following the service of the notices:
The Adjoining Owner will have two options:
- Consent: Meaning no Award needs to be produced, but instead a Schedule of Condition is advisable. The Adjoining Owner will still be protected by the Party Wall etc. Act 1996.
Or
- Dissent: Appoint the same surveyor (Agreed Surveyor) or appoint their owner Party Wall Surveyor. An Award will be produced and agreed by the Two Surveyors or Agreed Surveyor.
Award served: Once the surveyor(s) have agreed on the final Award, the Award can be issued to all Owners are the construction works can commence. The Award is final and binding unless it is rescinded or modified by a county court on appeal. It will protect the Building and Adjoining Owner’s properties from the unforeseen future damage. Each owner has 14 days from service of the award on them to appeal to the county court against the award and valid for 12 months.
Proceed with confidence:
Your Party Wall Surveyor will be an experienced surveyor in order to guide you, as a building or adjoining owner through the process and enable works to proceed as soon as possible.
Remember No Notice, No Act.