PARTY WALL & NEIGHBOURLY MATTERS
A party wall matter typically relates to development at or near a ‘line of junction’ between the buildings of two separate property owners that is deemed notifiable under the Party Wall Etc. Act 1996. Often the process can result in disputes when it comes to building works that could affect a neighbouring building.
A professional chartered surveyor skilled in the application of the Party Wall Etc. Act 1996 can help when it comes to resolving issues fairly.
Trinity Rose Chartered Surveyors provides expert, independent advice on party wall and neighbourly matters – read more about our services then talk to us if you’d like us to help you.
Expert, professional party wall surveying support that resolves disputes fairly
What is a party wall matter?
Everyone wants to maintain good relationships with their neighbours, but sometimes, if a party wall matter becomes a bone of contention when building works are involved, an independent chartered surveyor who specialises in party wall matters can help to resolve the dispute.
What does the Party Wall Act do?
The Party Wall etc. Act 1996 provides the legal basis for the prevention and resolution of disputes over party walls, boundaries and excavations around neighbouring buildings. If building works are proposed, such as a weathering detail or foundations for a new extension or a loft conversion, the Act sets a pathway for the preparation and service of notices and the preparation of a formal Party Wall Award. Which sets out the rights and responsibilities of the building owner (the party responsible for carrying out the work) and the adjoining owner (the party affected by the proposed work).
It is generally accepted that, due to the technical nature of the Act, surveyors should be appointed to oversee the preparation and service of notices and awards.
How can we help with party wall and neighbourly matters?
Trinity Rose Chartered Surveyors acts for property owners contemplating building works close to neighbouring properties and also for those who have been served notices under the Act. Party wall surveyors have a duty to resolve party wall disputes in an impartial and practical way and we work hard to ensure disagreements are settled quickly and seamlessly and that, wherever possible, good neighbourly relationships are maintained.
Need help? Get in touch
If you’ve been served a notice for works by a neighbour or if you’re thinking of conducting work that might prove sensitive, get in touch and we’ll give you the information and reassurance you need to make the right decision.
- Independent party wall surveyors for building or adjoining owners
- Expert support to resolve party wall disputes
- Correct application and administration of The Party Wall etc. Act 1996
- Experienced chartered surveyors with construction expertise and knowledge of procedures under the Act
We offer Party wall services in Hampshire, Dorset and Surrey, including Alresford, Alton, Basingstoke, Brockenhurst, Bishops Waltham, Chandlers Ford, Chichester, Christchurch, Fordingbridge, Farnham, Lymington, Lyndhurst, Park Gate, Portsmouth, Poole, Parkstone, Petersfield, Ringwood, Romsey, Southampton, Salisbury, Winchester, Guildford, Verwood, The New Forest and Wimborne and the surrounding areas.
FAQs
What is classed as a party wall?
A party wall is a wall that sits directly on the boundary of land between two owners. An example would be a wall that separates a semi-detached houses or a wall that makes up the boundary between two gardens.
What is the Party Wall Act?
The Party Wall Act came into force on 1 July 1997 and applies throughout England and Wales. It provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. Anyone intending to carry out work of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Party Wall Act 1996 does not apply to Scotland and Northern Ireland where common law is used to settle party wall issues.
What are my rights under the Party Wall Act if I want to do work on an existing party wall?
As a Building Owner who wants to carry out works to an existing party wall, you get additional rights going beyond ordinary common law rights. These rights include repairs, damp proofing, demolishing and rebuilding the party wall, underpinning the whole thickness of a party wall, increasing the height, cutting into a party wall to take the bearing of a beam, extending a party wall downward and cutting off projections from a party wall (or from an adjoining owner’s boundary or external wall).
What types of works require a party wall notice?
In the UK, any work done on or near a party wall (shared wall between properties) or party structure (shared structure like a floor or boundary wall) typically requires a party wall notice.
Here are some common types of works that fall under this requirement:
- Building on the boundary line. This includes building a new extension or wall that adjoins your neighbour’s property.
- Excavations near a party wall. Excavation work, such as digging foundations for a new building, extension, or basement within 6 metres of a party wall, will likely need a party wall notice (and certainly within 3 metres where the proposed foundations will sit at a lower level than those of the adjacent property.
- Work on a party wall. This includes any alterations or repairs made directly to the shared party wall itself, such as underpinning (strengthening the foundation), inserting a damp course (waterproof layer), or making the wall thicker or to a different height.
- Work on party structures, which includes work on shared structures like floors between flats or shared basement walls.
- Removing a chimney breast. If the chimney breast is attached to or forms part of a party wall, you’ll likely need to serve a party wall notice before removing it.
- Cutting into or demolishing a party wall. Any works that involve cutting into, removing, or demolishing part of a party wall, such as for the insertion of beams or the creation of openings, typically require serving a party wall notice.
What is the role of a party wall surveyor?
The role of a party wall surveyor is to facilitate the avoidance of neighbourly disputes through the correct application of the Party Wall etc. Act 1996 in the UK. Party wall surveyors are typically appointed by property owners involved in building works that may affect a party wall, boundary structure, or adjoining property. Their primary responsibility is to oversee party wall matters and ensure that the rights bestowed to Building Owners and Adjoining Owners under the Act are correctly applied.
How long does the party wall process take?
The time it takes for the party wall process to complete can vary depending on several factors, most notably of which is the minimum notice period required (which will vary between 1-2 months, according to the nature of the proposed works).
In an ideal scenario, following the issue of notices and allowing the notice period to run, with both parties cooperative and the work relatively straightforward, the process could be completed within a further 2-3 weeks. This assumes the building owner has all the necessary drawings and details prepared beforehand.
Factors that may affect the time include the complexity of works required, neighbour’s response and surveyors’ availability.
What happens if my neighbour dissents to the party wall notice?
If your neighbour dissents (disagrees) with the party wall notice you served, it doesn’t necessarily mean your project is halted. However, it does initiate a more formal process outlined in the Party Wall Act 1996.
Even with dissent, it’s still possible to reach an amicable agreement with your neighbour.
You can discuss and potentially adjust the proposed work methods and may agree to the appointment of a single ‘agreed surveyor’ to manage the party wall process and address any disputes collaboratively.
Alternatively, both owners (the Building Owner and the Adjoining Owner) have the right to appoint their own party wall surveyors. These surveyors will then liaise with each other to determine the appropriate course of action, including protecting the adjoining property, resolving any issues, and potentially negotiating a solution.
In the event when the appointed surveyors reach an agreement, they’ll issue a legally binding document called a Party Wall Award. This award will outline the agreement in respect of:
- Details of the work
- Rights and responsibilities of both parties
- Measures for protecting the adjoining property
- Dispute resolution procedures
- Costs associated with the party wall works
Where relevant the Award will include the agreed supporting documents, which may include drawings, structural details, schedules of work and a Schedule of Condition of the Adjoining Owner’s property. This latter document serves as a benchmark of the condition of the neighbouring property, which can be referred to upon completion of the proposed works to determine whether any rectification work is required (at the cost of the Building Owner).
After the party wall award is issued, there is a possibility of further dispute. The party disputing the outcome of the award must start the process within 14 days of its issue and can file an appeal with a county court. Subsequently, the court will assess the award, potentially amending it, issuing a new one, or making alternative rulings regarding cost distribution.
Once the final party wall award is in place, either via the courts or through the initial dispute process, you must provide your neighbour with 14 days’ notice before any work begins.
What are my duties under the Act?
Before you carry out any works, you must inform all Adjoining Owners. Carrying out works without a proper notice gives the Adjoining Owner the opportunity to stop your work through a court injunction or other legal redress. An Adjoining Owner can’t stop you from utilising the rights given to you by the Act, but may be able to influence how and at what times the work is done.
Who is an “Adjoining Owner”?
An Adjoining Owner is the owner of land, buildings or rooms adjoining those of the building owner. In situations, where there is more than one owner of the property, or more than one adjoining property,you need to notify all of them before starting works to the party wall.
How to inform Adjoining Owners of the party wall works?
Start with speaking to your neigbours (Adjoining Owners) about the works you want to carry out and why. The next step is to give notice in writing including your name and address, the address of the building to be worked on, a full description of what you propose to do and the starting date. You should serve this notice at least 2 months before the works begin. The notice is valid for a year.
Who serves the party wall notice?
Under the Party Wall etc. Act 1996 in the UK, the responsibility for serving a party wall notice typically falls on the property owner or the building owner who intends to carry out the proposed building works that may affect a party wall or adjoining property. The specific party responsible for serving the notice depends on the nature of the works and the circumstances outlined in the Act.
What information should be included in a party wall notice?
A party wall notice serves as a formal notification to adjoining property owners regarding proposed building works that may affect a party wall or boundary structure. To comply with the Party Wall etc. Act 1996 in the UK, a party wall notice should include specific information to ensure clarity and transparency, including:
- details of building owners,
- description of planned works (type of work),
- location of the work about the party wall,
- planned start date,
- duration of the works,
- party wall surveyor’s details (if one has been appointed),
- notice period,
- signature of the property owners
- method by which the notice is being served.
By including these key details in the party wall notice, property owners can ensure compliance with the Party Wall etc. Act 1996 and provide information to adjoining property owners regarding the proposed building works and their potential impacts. It’s essential to seek advice from a qualified party wall surveyor or legal professional to ensure that the notice meets the requirements of the Act and serves its intended purpose effectively.
What are the potential risks or liabilities associated with party wall matters?
There are several potential risks and liabilities associated with party wall matters that property owners should be aware of. These risks can arise from disputes, non-compliance with legal requirements, and unforeseen complications during building works. Some of the key risks and liabilities include:
Risk 1: Property Damage. Building works that affect party walls or adjoining properties can potentially cause damage, such as cracks, subsidence, or structural instability. Property owners may be held liable for damages caused by their building works, and they may be required to compensate affected neighbours for any losses incurred.
Risk 2: Disputes and legal proceedings. Disputes between property owners regarding party wall matters can lead to costly and time-consuming legal proceedings. This may include disputes over the validity of party wall notices, disagreements about the scope of proposed works, or disputes regarding compensation for damages. Legal proceedings can result in additional expenses, delays in construction, and increased frustration for all parties involved.
Risk 3: Financial costs. Property owners may incur various financial costs associated with party wall matters, including surveyor’s fees, legal fees, compensation payments, and costs related to resolving disputes or complying with party wall awards. These costs can escalate if disputes are prolonged or if legal proceedings are initiated.
Risk 4: Construction delays. Disputes or disagreements over party wall matters can lead to delays in construction projects, affecting project timelines and budgets. Delays may occur if party wall notices are contested, party wall awards are not agreed upon promptly, or if additional measures are required to address concerns raised by adjoining property owners.
Risk 5: Non-compliance penalties. Failure to comply with the legal requirements outlined in the Party Wall etc. Act 1996 can result in penalties or enforcement actions by local authorities. Property owners may face fines, injunctions, or other sanctions if they fail to serve party wall notices, obtain necessary agreements or awards, or comply with the terms of party wall awards.
Property owners should seek professional advice from qualified party wall surveyors or legal professionals before undertaking building works that may affect party walls or adjoining properties to mitigate these risks and liabilities. By understanding their obligations, communicating effectively with neighbours, and following the prescribed procedures under the Party Wall etc. Act 1996, property owners can minimize the likelihood of disputes and ensure compliance with the law.
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