Party Walls
What is a Party Wall?
A party wall is a wall shared between two buildings owned by different neighbours. Before undertaking any building work to a party wall, such as structural alterations, extensions, damp proofing works and some internal repairs, you must follow the procedures prescribed by the Party Wall etc. Act 1996.
If you are excavating or building new foundations within 3 or 6 metres of a neighbouring property, you may also need to follow the procedures in the Act, depending on the relative depths of the foundations.
Works to shared boundary walls or the construction of a new boundary wall may well require the procedures under the Act to be followed.
What is the Party Wall etc. Act 1996?
Party wall legislation has been in force in London for over 100 years. However, the 1996 Act replaced the older Acts and extended the legislation to affect the whole of England and Wales. The Act enables work to be carried out to a party wall whilst protecting the interests of all parties affected by the work.
Does the Party Wall Act Affect Me?
If you are planning to have building work carried out there is a good chance that some of it may come under the provisions of the Party Wall Act. If your neighbour is planning building work their work may also come under the Act.
Many domestic extensions, especially in terraced or semi-detached properties, require party wall procedures, as do most town centre developments. Some maintenance and repair works also fall within the Act, as do some works to floors between flats.
What Procedures do I Need to Follow?
Before undertaking any building works to a party wall, you (the Building Owner) will need to provide your neighbours (the Adjoining Owner) with written notice at least 2 months before commencing the works (or one month for 'line of junction' or excavation works). If your neighbour rents the property or only owns a flat in the building, you will also need to inform the landlord or freehold owner of the building. If more than one adjoining property shares the party wall, you will need to inform all affected parties.
If your neighbours consent to the works, they will need to provide you with an agreement in writing within 14 days of the date of the notice. If possible, it is advisable to talk in person with your neighbours prior to issuing the official notice, in order that any potential problems may be resolved and thereby increasing the likelihood of obtaining their consent.
Why do I Need a Party Wall Surveyor?
A surveyor is needed in order to follow the procedures set out in the Party Wall Act and to determine how and when the building work is carried out. This will help to minimise disputes arising between the two (or more) neighbours.
If there is a dispute over the works, or if you do not receive written consent within 14 days of serving a notice, both you and your neighbour will need to appoint a surveyor to act on your behalf. If you wish, you can both appoint the same surveyor, who would then be known as the 'Agreed Surveyor' and would act impartially for both parties.
The surveyor would prepare a document known as a Party Wall Award, which describes in detail the proposed work and how and when it will be carried out. The Award also includes a Schedule of Condition, which records the condition of the adjoining property prior to the work being undertaken.
Under the Award the surveyor would be granted access to both properties in order that he can make the necessary inspections during the course of the works.
The Award would also establish who is responsible for funding the building work if there is a dispute regarding payment. It is usually the Building Owner implementing the works who would pay for all the expenses.
How We Can Help
Our surveyors are able to provide clear, impartial, expert help and advice relating to all party wall issues. We can deal with all aspects of the party wall procedures on your behalf in order to lessen your burden and provide peace of mind. As we are regulated by the RICS, there are strict codes of conduct we must follow and we will ensure that all elements of the Party Wall Act are fully adhered to.
Several members of our surveying staff are members of the Sussex branch of the Pyramus and Thisbe Club - a respected national forum for party wall surveyors.
If you would like a quotation for dealing with party wall matters on your behalf or for more information on any of our services, please contact us by post, fax, email or phone or use the enquiry form on the Contact Us page.