The Party Wall Act: What's That All About

Firstly, without boring you with the detail, i want to provide you with a brief background. The Party Wall Act (The Act) as we know it today was effectively born from the London Building Acts (LBA). As you'll appreciate London has a large numbers of properties which are constructed in close proximity to each other, and neighbourly disputes were slowing the construction process. The LBA introduced measures to make it easier for developers and property owners to carry out work along boundary lines and decrease the level of disputes by setting out specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it was decided to revamp the act and roll it out nationwide in the form of The Party Wall Act 1996.

The Act is far reaching and comes into play more than you'll think. But you're not alone unless you know much about it. Many builders I know either don't know about it, or worse ignore it. Professionals aren't immune either.

You're probably interested in this short article because you're about to carry out a construction project, or possibly your neighbour is. It could be a small extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The original aspect is needless to say to determine whether the act is applicable to begin with. If you are in any doubt it is usually advisable to seek expert advice and in most cases the position isn't black and white. In crude terms however, a party wall is really a structure shared by two neighbours and this would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is really a little misleading and much more than this, it could also be applicable in the event that you propose to create a wall or building on land where no wall or physical boundary currently exists.

In a modern environment where most properties are in close proximity one to the other it is usually the case that the act can be applicable during any construction project which involves digging foundations near to a boundary line. It could also be applicable for loft conversions or building refurbishments where in fact the party wall is not being altered, but support is necessary from the wall for steel supports or suspended timber floors or ceilings etc. In tandem, it may enter into play for work that you'll feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.

As you should have deduced the act is far ranging and is more often than not applicable when you carry out construction work near to neighbouring buildings / land. My advice would be to consult with a surveyor who has party wall experience when you are unsure. Most surveyors would be willing to give some free advice over the phone and if the project is local to them, you will often discover that they will offer you a free visit to assess your particular project in the hope that, if the act is applicable you will appoint them to undertake the role for you personally. Certainly in  Party Wall Surveys Upton Park  as a chartered building surveyor I give free suggestions about a regular basis in the hope that it'll lead to an instruction. There are surveyors who'll charge regardless however the key, as always would be to agree a scope of service and any fee in advance to avoid confusion. Then you know predicament.

When you have deduced that the wall / structure is a party wall it is advisable to determine whether the act is applicable to the task being completed. The Act is approximately 15 pages in length and put into 22 sections with various sub-sections. It isn't therefore an extended document and several of the sections include interpretations and explanation which means that the most relevant sections are even more condensed. There is however two main sections which apply mostly and the home owner would be advised to understand;

Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a party wall at the mercy of serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a party structure or party fence wall" along with "to cut right into a party structure for just about any purpose (which might be or include the reason for inserting a damp proof course). The complete list is set out in the act and covers most work, other than very superficial, that could possibly be completed to a wall. Under most circumstances where any work has been carried out right to a shared wall, it could be expected that the act will come into play, although there are exceptions and you would be advised to take advice.

The second section which is likely to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are lay out in the act but could be bewildering. In essence however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall may be a garden wall or fence) the act may be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. In case you are excavating within 3 metres the act is more than likely applicable.

Once you have determined that; a) the wall is a party wall and b) based upon the scope of work or proximity of excavation the terms of the act are applicable, it will be necessary to follow the procedures set down within the act so as to protect your position.

The first procedure is to serve notice on the adjoining owner to see them of the task being carried out. There is absolutely no requirement to appoint a surveyor to serve these notices for you and sample templates can be found online to download from various sources in order to do it yourself. But if you do propose to serve notice yourself, be mindful of the fact that as with all things where you may not have sufficient knowledge, the repercussions of getting it wrong can have legal ramifications. On this basis it is normally advised that you seek professional assistance. The notices, when served will be different depending upon if the work falls under section 2, section 6 or both (you can find other sections but as these are less commonly applicable I've not included commentary on this page), as too would be the length of time applicable between your notice being served and work commencing. The notice under section 2 provides 8 weeks notice and the notice under section 6 provides a month following which work can commence as long as everything is to be able in terms of the act. Once again there are numerous ramifications associated with adjoining owner dissent, non response to notices or sheer bloody mindedness but I'll leave these for a later date, or for the party wall surveyor to help you upon. Or you may find that the adjoining owner just consents to the work in which case you can start earlier by mutual consent!

Even if the adjoining owner does consent then I would advise a schedule of condition prepare yourself on the wall to ensure that you've got a record of any cracks or defects before you start work. You would be amazed at how many times a neighbour spots cracks after work has been completed, which were actually there before!

If however the adjoining owner dissents to the task and appoints their very own surveyor, because they are entitled to do under the act, then you may also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know what you are doing you need to get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner you are likely to be responsible for their fees.

The Act is a fully established act of parliament and as such is law. Ignoring the Act is common place (often through insufficient awareness) but technically the perpetrator is then breaking the law. I could get into detail regarding the implications of deliberately failing woefully to serve notice but if you're a building owner reading this article you then are clearly already alert to the act and concerned that the procedure is correctly followed. If you are on the other side, where a neighbour has not served notice you, there is recourse nevertheless, you should seek professional advice. It is also worth noting that ignorance is no defence with regards to the law.

It is believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the reality. Yes there is a business built round the act and professionals do charge for their services, but there is enough competition to ensure that fees remain reasonable. It really is actually an enabling act that ensures that the positions of both parties are protected and more importantly, means that neighbours cannot stop development or repair without sufficient reason. In this regard the act can often save fees where there was once a prospect of litigation and dispute.

Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but this can be a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around an end of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not just large scale developments. Mr Sadiq (building owner) carried out building work without serving notice beneath the act. This work subsequently caused damage to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. This is standard procedure and also if he previously served the right notices then he would still have already been responsible for this cost, but moreover with what we have been discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to see the act negated any benefits of defence that he might gain from the terms of the act and for that reason special damages were allowed. In this case the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house due to the defects and they were even awarded charges for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the right procedures and served the correct notices then these substantial additional costs would not have been incurred. He'd only have been responsible for the expense of putting right the damage, not the excess costs. This example is in no way common place but does go to shown the potential implications of not following the correct procedures. What appears like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have already been warned!

This brief article is aimed at giving a layman's view of the act for information purposes instead of a full technical assessment. You should seek expert advice if carrying out any work to, or near neighbouring land or property. It should also be noted that the act does not have any bearing on any other legislation, like the requirement of planning permission or building regulation approval etc which are completely separate entities.