Party Wall Matters – Why is it important
If you're a Building Owner planning on undertaking works on or close to a boundary, it is important to be aware of the Party Wall etc. Act 1996.
If you’re a Building Owner planning on undertaking works on or close to a boundary, it is important to be aware of the Party Wall etc. Act 1996. This Act is a complex piece of legislation that places rights and duties on neighbours on both sides of a boundary to ensure the structural integrity of neighbouring structures is protected during development.
Under the Act, the Building Owner must serve a notice to any Adjoining Owners if they are to carry out notifiable work. The notices must detail the works that you plan to undertake, how they will be carried out, and when they are due to start.
Notifiable works include but are not limited to:
Building a party wall or party fence wall astride the boundary line.
Cutting into the party wall for any purpose, or demolishing and rebuilding a party wall.
Excavating, or to excavate for and construct foundations for a new building or structure, within 3 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, or within 6 metres where any part of the works will meet a line drawn downwards at 45° from the adjoining owner’s foundations towards the excavations.
Following receipt of a notice, the Adjoining Owner may choose to consent to the works or dissent. If the Adjoining Owner dissents, both parties can appoint an ‘Agreed Surveyor’, an impartial surveyor who will draft an Award on behalf of both owners.
Alternatively, each owner can appoint their own surveyor who will liaise directly with each other to agree an Award. This document sets out the rights and responsibilities of both the building owner and the Adjoining Owner, and will cover issues such as the timing and manner of the works, how the costs will be split, and any measures that need to be put in place to protect the Adjoining Owner’s property.
The two individually appointed surveyors must also agree a third surveyor at the start of their appointment. The third surveyor is only called upon when the two appointed surveyors fail to agree on matters, or if an owner or surveyor calls upon them to make the award. Generally, where a formal award is required, costs are usually borne by the Building Owner, although this may not always be the case and your surveyor should advise if otherwise.
If the Building Owner commences work without issuing the correct notices, the Adjoining Owner can seek to stop the works via an injunction or seek other legal redress, therefore it is crucial that notices are served and awards agreed prior to works, to prevent unnecessary delays and costs.
Here at AG, we have a specialist team of Party Wall Surveyors who are experienced in handling a wide range of domestic and commercial Party Wall matters. Our surveyors are members of The Pyramus and Thisbe Society, a society that promotes best professional practice in its application of the Party Wall etc. Act 1996. We are also proud to have been appointed as the Specialist Neighbourly Matters Surveyor for a leading national building consultancy.
Author info:
Holly Durose |
Building Surveyor
Chat to Holly:
h.durose@andertongables.co.uk
07808 552379
