Services
Party Wall Matters
The purpose of the Party Wall etc. Act 1996 (the Act) is to facilitate building and construction work in a crowded environment. It attempts to balance the interests of both the developer on the one hand and the adjoining owners and occupiers on the other. It not only regulates the exercise of certain common law rights, and makes their exercise subject to conditions, but in many cases allows the developer to override the strict common law rights of adjoining owners.
The Act provides a building owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights. The most commonly used rights are:
- To cut into a wall to take the bearing of a beam (for example for a loft conversion) or to insert a damp proof course all way through the wall.
- To raise at the height of the wall and /or increase the thickness of the party wall and, if necessary, cut off any projections which prevent you from doing so.
- To demolish and rebuild the party wall.
- To underpin the whole thickness of a party wall.
- To protect two adjoining walls by putting a flashing from the higher over the lower, even where this requires cutting into an adjoining owners independent building.
What are your duties under the Act?
If you intend carrying out any of the works mentioned above you must inform all adjoining owners. You must not cut into your own side of the party wall without telling the adjoining owners of your intentions. Although the Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress.
An adjoining owner cannot stop someone from exercising their rights given to them by the Act, but may be able to influence how and at what times work is undertaken. The Act also provides that a building owner must not cause unnecessary inconvenience. This is taken to mean inconvenience over and above that which will inevitably occur or went such works are properly undertaken.
Adjoining owners should note that the primary purpose of the Act is to facilitate development. In return for rights to carry out certain works, the building owner (a person having the work done) must notify you in advance. He is made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by his contract.
You cannot stop someone from exercising their rights given to them by the Act, but you may be able to influence how and at what times the work is done. If you refused to respond to a notice from a building owner, he will be able to appoint a surveyor on your behalf so that the dispute resolution procedure can proceed without your cooperation.
My service would typically include the following core aspects tailored to suit each individual Party Wall matter, please do not hesitate to contact me to discuss in any further detail:
- Initial review to ascertain the rights of the respective building / adjoining owners including to determine which parts of the property constitute a Party Wall / Structure / Fence as defined by the act.
- Preparation and issue of Party Structure Notices / 3 or 6m Notice of Adjacent excavations / Line of Junction Notices as appropriate.
- Preparation and agreement of Party Wall Awards including schedules of condition.