PARTY WALL MATTERS

Most works to property in close proximity to those that adjoin are controlled by the Party Wall etc., Act 1996, and these include:

• Work to existing party walls.

• New building on the boundary line.

• Excavations for foundations within 3 metres or 6 metres of adjoining properties.

The Act requires that if you are to carry out such works, then you will need to serve upon the adjoining occupiers one or more of the following:

• A Party Structure Notice (existing walls) at least two months prior to works commencing.

• New building on the boundary line, at least one month prior to works commencing.

• Excavation/foundations, at least one month prior to works commencing.

Generally building works cannot commence until the correct Notice or Notices have been served and correct procedures followed. Following the service of this Notice this usually results in the agreement of an Award.

The Party Wall Act has within it some 22 sections, which generally outline the requirements of the law and what various parties are require to do in given situations. There have been a large number of Court cases over a period of many years which act as precedents and which can affect the legal position. Thus nothing that is outlined below should be taken as anything other than a wish to give basic information to the readers of site and should not be considered as an authoritative interpretation of the law as far as Party Walls is concerned.

Party Wall Award

This is a document prepared by the Party Wall Surveyors appointed by both parties, authorising building work under the Act to commence, subject to conditions and Agreements that safeguard the rights and interests of the two owners and other parties they may be involved. Reaching this Agreement is not an adversarial process, the appointed Surveyors act as arbitrators, and the provision of an Award does not override or in anyway impinge upon Building Regulations or Town Planning.

Damage Caused to a Neighbouring Property

The Award includes a Schedule of Condition, which records the condition of the neighbouring property prior to work commencing. This allows Surveyors appointed by both parties to ascertain any damage that may have been caused during or after building works, by re-inspecting when necessary. Reference can then be made to the Schedule prepared earlier to ascertain whether damage has actually occurred. If it has, then the party carrying out the works would be responsible for the cost of repairs to the neighbouring building.

Excavation of Foundations

One of the main dangers of building work is that excavations in close proximity to another property will undermine or disturb the foundations of neighbouring buildings, causing structural movement. This is more so where ground conditions are poor. The Party Wall Award would set out measures necessary to underpin or safeguard the neighbour’s foundations and various methods of constructing the foundations are agreed to prevent problems arising.

The Right to Appoint Surveyors

The Party Wall Act 1996 allows to each owner to appoint a Surveyor, who will jointly produce a Party Wall Award. The costs of the Surveyor appointed by the adjoining owner are usually the responsibility of the building owner who intends to carry out the work. If those Surveyors cannot agree then the matter is often referred to what is known as a Third Surveyor, who those two Surveyors will agree upon, or by the Courts if matters become that complicated. Both owners can agree to jointly appoint a single surveyor who can act on behalf of both parties. This is often the process where non-contentious projects are proposed. It is not advisable with more complicated issues or where previous disputes have arisen between the parties, such as at the planning stage.

Costs and Expenses

The Surveyors decide who should pay costs, including the costs of producing the Award. Where the works benefit one owner then he or she normally pays all costs and his or her neighbour pays nothing. When the works benefit both or multiple owners, then the costs are normally paid jointly by all owners.