Party Wall Information

The Party Wall etc. Act 1996 (the Act) is a piece of legislation that was enacted throughout England and Wales (but not to Scotland or Northern Ireland) to reduce the number of neighbourly disputes over works to and around party walls. 

The Act gives certain rights to owners wanting to undertake works to or affecting party walls, party structures, boundary walls, and excavations near neighbouring buildings.  To acquire those rights under the Act, a notice must first be served to the affected Adjoining Owners, after which there is a process for agreeing the works to be undertaken, often involving appointing party wall surveyors where adjoining owners do not provide their written consent.

The Act If you intend to carry out any of the specified work, you must determine whether it falls within the Act.  Failure to give notice before starting work can lead to legal consequences, including court injunctions.

Here are some key points about the Act:

1. Applicability:
   • The Act applies
   • It covers various types of work, including:
     • Building a free-standing wall or a wall of a building up to or astride the boundary with a neighboring property.
     • Work on an existing party wall or party structure.
     • Building against such a party wall or party structure.
     • Excavating near a neighboring building.
2. Notice Requirements:
3. Building Owner vs. Adjoining Owner:
   • The Act distinguishes between the Building Owner (who wishes to carry out work) and the Adjoining Owner (who receives notification of proposed adjacent work).
   • The term “owner” includes individuals, companies, or other bodies holding freehold or leasehold titles or entitled to receive rents from the property.
4. Additional Rights for Building Owners:
   • The Act provides additional rights beyond common law rights for Building Owners.
   • These rights allow Building Owners to undertake certain works to existing party walls.
5. Surveyors:
   • When Adjoining Owners do not provide written consent to the Notice(s), both Owners must appoint a Surveyor.

Surveyors play a crucial role in resolving disputes and ensuring compliance with the Act

Remember that reaching an agreement with the Adjoining Owner under the Act does not replace the need for planning permission or compliance with building regulations. Likewise, gaining planning permission or complying with building regulations does not remove the need to comply with the Act where applicable¹.

For more detailed information, you may wish to seek legal advice specific to your situation. The Department for Levelling Up, Housing, and Communities emphasizes that their information is informal and not binding on any person¹.

Under the Party Wall Act 1996, if your neighbor wants to conduct any major building work on or near your shared walled property boundary (the party wall), they must give you written notice of the work they want to carry out. A party wall is one that stands on the land of two or more owners. It can either form part of a building or be part of another form of walled division along the boundary of two properties, such as a garden wall (a wooden fence, however, does not constitute a party wall). Walls on one owner’s land utilized by other owners (two or more) to separate their buildings are also party walls. They do not have to inform you of any minor work they are carrying out, such as plastering, erecting shelves, or replacing wiring, but they will need to get your consent and serve a ‘Party Wall Notice’ for things like building a new wall, cutting into, altering, rebuilding, or knocking down a party wall, or removing chimneys from a party wall. You cannot stop legal work being carried out, although if you do object, a process ensues where you and your neighbor each appoint a surveyor who will then agree on a ‘party wall award’ which states what work should occur and how and when it will be carried out. Once building work begins, your neighbor has a duty under the Party Wall Act to avoid causing you unnecessary inconvenience, to protect your property from harm caused by the works, and to fix or pay for any damage that is caused¹. If a party wall award was agreed before building work began and damage occurs, the party wall surveyors should be notified. If it is established that damage has actually been caused by the neighboring works, you can choose to allow the neighbor to repair the damage or to receive compensation in lieu of making good¹.

When you receive a Party Wall Act notice, here are the steps you should take:

1. Read the Notice: Carefully review the party wall notice you’ve received. Understand the proposed work and its impact on your property.

• Respond Promptly: You have 14 days from the date of delivery (not the date you opened it) to respond. Within this timeframe, you must reply in writing. If you don’t respond within the initial 14 days, a dispute is deemed to have arisen in the same way as if you had dissented.

• Possible Responses:

• 1 – Consent to the Work: If you agree with the proposed work, provide your written consent. The work can then proceed as planned.

• 2 – Dissent from the Work: If you do not sufficiently understand the proposed works detailed on the Notice or you have concerns or objections, you should dissent in writing.

• 3 – Serve a Counter-Notice: In some cases, you may need to serve a counter-notice. This is seldom needed and would likely only be done once you have dissented and appointed a party wall surveyor.  Seek CtQ’s advice if necessary.

You should only consent if you sufficiently understand the works proposed and are content to provide your written consent without taking advice from a suitably qualified surveyor.

If you require further advice or are unsure of how to respond, please contact CtQ Chartered Surveyors.

The Party Wall Act does not replace the need for the building owner to obtain planning permission or compliance with building regulations. Planning applications can usually be viewed on an online portal accessible via your local authority’s website.

Why was the party wall Act enacted?
Works under the Act and works outside the Act.
 
Not serving a Party Wall Notice can have legal implications and may lead to disputes with your neighbors. Here’s what you should be aware of:
Legal Requirements:
The Party Wall Act in the UK requires that you serve a formal notice to your neighbors if you plan to carry out certain types of work on or near a shared party wall or boundary.
Failing to serve a notice when required can result in legal consequences.
Potential Consequences:
If you proceed with the work without serving a notice, your neighbors may take legal action against you.
They can seek an injunction to stop the work or claim damages if their property is affected.
You may be required to pay for any damage caused to their property due to your construction work.
Risk of Disputes:
Not serving a notice can strain neighborly relations and lead to disputes.
Even if your neighbors don’t take legal action immediately, they may harbor resentment, which can affect your relationship in the long term.
Best Practice:
Always follow the legal requirements outlined in the Party Wall Act.
Serve a Party Wall Notice well in advance of starting any qualifying work.
Maintain open communication with your neighbors and address any concerns promptly.
Remember, it’s essential to be considerate of your neighbors and follow the proper procedures to avoid unnecessary conflicts.