Party Wall etc. Act 1996

About the Party Wall etc. Act. 1996

The Party Wall etc. Act 1996, 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 (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Act applies even to Crown, government and local authority owned property.

It should be noted the Party Wall etc. Act 1996 is separate from Planning or Building Regulations Control. You must remember that reaching agreement with the Adjoining Owner or owners under the Act does not remove the possible need to apply for Planning Permission and/or to comply with Building Regulations Procedures. Conversely, gaining Planning Permission or complying with the Building Regulations does not remove the need to comply with the Act where it is applicable.

If you intend to carry out building work which involves one of the following categories:

building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act).
work on an existing party wall or party structure or building against such a party wall or party structure (section 2 of the Act)
excavating near a neighbouring building (section 6 of the Act)

You must find out whether that work falls within the Act. If it does, you must notify all Adjoining Owners.

It is often helpful in understanding the principles of the Act if owners think of themselves as joint owners of the whole of a party wall rather than the sole owner of half or part of it.

Adjoining Owners can agree with the Building Owner’s proposals or reach agreement with the Building Owner on changes in the way the works are to be carried out, in their timing and manner.

Where a dispute arises in relation to a new party wall or party fence wall under section 1, and where there is no written consent by the Adjoining Owner within fourteen days to a notice served in relation to an existing structure under section 2 or an excavation under section 6, the Act provides for the matter to be resolved by a surveyor or surveyors in a procedure for the resolution of disputes explained in the Party Wall Explanatory booklet that can be found by following the link:

www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.

How We Work

Stage 1 in the process of obtaining a Party Wall Award is for us to get a clear understanding of the proposed works. This allows us to understand and workout firstly if the Act applies or if your works requires one or more Notices issuing to the adjoining Owner(s) . This can be under one, two or all three relevant Sections of the (Act Section 1), (Section 2) and/or (Section 6). We should be able to advise you following this initial discussion and review of any drawings of the anticipated number of hours required to reach Service of the Award. It should be noted this is only an estimate of our anticipated costs, the costs can vary depending on if the Adjoining Owner wishes to appoint a Surveyor to Act for them (The Building Owner is usually liable for the Adjoining Owners fees aswell) and if the preparation of the Award becomes contentious. We will always advise you when we are getting close too or are likely to exceed the anticipated hours.

Stage 2 consists of us issuing our standard letter of appointment for you to sign should you wish to proceed. This gives us your permission to Act in a statutory role on your behalf for any matter under the Party Wall etc. Act 1996. This is an important document as it must be shown to any other surveyor appointed and vice versa.

Stage 3 is to issue a Notice or Notices outlining the proposed works along with any drawings and documents relevant to help explain the proposed works to the Adjoining Owner or Owners along with proposed start dates for the works. All Owners must be addressed on the Notices to be valid. The Act sets out statutory timeframes for the Adjoining Owner to respond ranging between 14 days to 2 months depending on the Notice(s) served, these can be sooner with the Adjoining Owners permission. Acknowledgement of the Notice(s) or counter Notices are usually either returned by the Adjoining Owner if they are happy for us to Act as the sole Surveyor, or, by the Adjoining Owners Surveyor at which point the Award will need to be prepared by both Surveyors referred to as 'The Two Surveyors'. A Third Surveyor in this case needs to be appointed by 'The Two Surveyors' to deal with any matters that cannot be agreed between 'The Two Surveyors'.

Stage 4 consists of arranging for a Condition Survey of the relevant parts of the Adjoining Owners property by the Surveyor or 'The Two Surveyors'. This provides a datum for the condition of the Adjoining Owners property prior to works, to ensure that any claimed damage that may occur can be proven or disproven.

Stage 5 involves preparation of the Condition Survey and the Award. Once these have been approved by the Surveyor or 'The Two Surveyors' the Award can be issued to both parties. The Award outlines the works to be completed, working hours, ensuring temporary protection, making good any damaged caused and the Surveyor's or 'The Two Surveyors' fee’s etc. This list is not exhaustive but must come under the provisions of Act.

Stage 6 concerns payment of fee's to the Surveyor, 'The Two Surveyors' for preparation and service of the Notice(s) and Award. It should be noted both the Building Owner and the Adjoining Owner can appeal the Award should they wish to within 14 days to the County Court if they feel it has been made improperly. On rare occasions where the 'Third Surveyor' is required to make an Award, additional fees will need to paid.

Stage 7 works can commence following any agreed start date.

We aim to be fully transparent throughout the process and explain the statutory role we undertake as your Appointed Surveyor and the limitations of what is covered under the Act.