The Party Wall Act: What's THAT About

Firstly, without boring you with the detail, let me offer you 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 includes a large numbers of properties which are constructed in close proximity to each other, and neighbourly disputes were slowing down the construction process. The LBA introduced measures to create it easier for developers and property owners to carry out work along boundary lines and reduce the degree of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for several years until finally in 1996 it was decided to revamp the act and roll it out nationwide by means of The Party Wall Act 1996.

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

You're probably interested in this article because you're about to perform a construction project, or maybe your neighbour is. It might be a small extension or loft conversion, or something on a more substantial scale. The act doesn't consider size it only works on principal. The original aspect is of course to determine whether the act is applicable to begin with. If you are in virtually any doubt it is always advisable to seek professional advice and in many instances the position isn't black and white. In crude terms however, a party wall is a structure shared by two neighbours and this would include boundary walls or fences along with 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 may also be applicable if you propose to construct 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 to one another it is usually the case that the act will become applicable during any construction project that involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where the party wall is not being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In tandem, it may enter into play for work that you would feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.

As you will have deduced the act is far ranging and is more often than not applicable when you perform construction work close to neighbouring buildings / land. My advice is always to consult a surveyor who has party wall experience in case you are unsure. Most surveyors would be willing to give some free advice on the phone and when the project is local to them, you will often discover that they will provide you with a free visit to assess your particular project in the hope that, if the act is applicable you'll appoint them to undertake the role for you personally. Certainly in my professional experience as a chartered building surveyor I give free advice on a regular basis in the hope that it'll result in an instruction. There are surveyors who'll charge regardless however the key, as always is to agree a scope of service and any fee up front to avoid confusion. Then you know where you stand.

When you have deduced that the wall / structure is really a party wall it is advisable to determine whether the act does apply to the work being carried out. The Act is approximately 15 pages long and put into 22 sections with various sub-sections. It isn't therefore a lengthy document and many of the sections include interpretations and explanation which means that probably the most relevant sections are even more condensed. There is however two main sections which apply most commonly and the home owner will be advised to be aware of;

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 appropriate notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a celebration structure or party fence wall" together 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 defined out in the act and covers most work, apart from very superficial, which could possibly be completed to a wall. Under most circumstances where any work has been carried out directly to a shared wall, it might be expected that the act should come into play, although you can find 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. Essentially however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall may be a garden wall or fence) the act could be applicable, if certain criteria associated with depth of excavation in relation to any party walls are achieved. For anyone who is excavating within 3 metres the act is more than likely applicable.

When you have determined that; a) the wall is really 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 to be able 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 personally and sample templates are available online to download from various sources if you want to do it yourself. But should you choose propose to serve notice yourself, keep an eye on the fact that as with all things where you may not have sufficient knowledge, the repercussions of getting it wrong might have legal ramifications. On this basis it really 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 have not included commentary in this article), as too is definitely the amount of time applicable between the notice being served and work commencing. The notice under section 2 will provide two months notice and the notice under section 6 will provide a month following which work can commence as long as everything is to be able in terms of the act. Once more there are many ramifications associated with adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for another day, or for your party wall surveyor to advise you upon. Or you may find that the adjoining owner just consents to the task in which case you can begin earlier by mutual consent!

Even though the adjoining owner does consent then I would advise that a schedule of condition be prepared on the wall to make sure that you have a record of any cracks or defects before you begin work. You would be amazed at how many times a neighbour spots cracks after work has been completed, that were actually there before!

If nevertheless the adjoining owner dissents to the work and appoints their very own surveyor, as they are entitled to do beneath the act, then you will also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know very well what you are doing you should 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 therefore is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking the law. I could go into detail regarding the implications of deliberately failing to serve notice but if you are a building owner scanning this article you then are clearly already alert to the act and concerned that the process is correctly followed. If you are on the other side, where a neighbour has not served notice you, there is recourse but you should seek expert advice. It is also worth noting that ignorance is not any defence when it comes to the law.

It is believed that the act is merely 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 because of their services, but there's enough competition to make sure that fees remain reasonable. It is in fact an enabling act that means that the positions of both parties are protected and more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act could save fees where there is once a prospect of litigation and dispute.

Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but it is 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 only large scale developments. Mr Sadiq (building owner) carried out building work without serving notice under the act. This work subsequently caused harm to the neighbouring property and he was forced to make good this damage by the court beneath the terms of the act. This is standard procedure and also if he previously served the correct notices he then would still have already been responsible for this cost, but more importantly with what we have been discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) because it felt that Mr Sadiq's failure to see the act negated any benefits of defence he might gain from the terms of the act and therefore 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 as a result of the defects and they were even awarded charges for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the correct procedures and served the correct notices then these substantial additional costs wouldn't normally have been incurred. He would only have been responsible for the price of putting right the damage, not the additional costs. This example is in no way common place but does head to shown the potential implications of not following the correct procedures. What seems like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have already been warned!

Party Wall Surveys Low Hill  is aimed at giving a layman's view of the act for information purposes instead of a complete technical assessment. You need to seek professional advice if undertaking any work to, or near neighbouring land or property. It should also be noted that the act doesn't have any bearing on any legislation, including the requirement for planning permission or building regulation approval etc which are completely separate entities.