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Although the Party Wall etc. Act 1996 has been active for more than 25 years in the UK, there is still confusion over when it applies and to what building projects it covers.

The Act covers not just occupied buildings but any structure with a foundation and so it can include barns, outbuildings and boundary structures such as walls.

The situations when property owners of buildings would come across the Act are:

• Altering the party wall between two properties, usually in respect of where there is a defect in the wall such as rotten sole plates to timber framed structures.

• Building an extension, with excavations taking place that is within three metres of next door’s building and going lower than the foundations of that building. Further rules apply if the foundations are very deep and are within six metres of next door’s building.

• Building on the line of junction (more commonly known as boundary line) with the consent of the adjacent owner.

The principle of the Act is to protect next door from damage caused by the notified works, and if damage does occur then there is a mechanism for resolving it without resorting to Court proceedings. It also allows the building owner rights of access to carry out the work where required.

Own a listed building?

Due to age and construction of a listed building, proposed building works need more detailed thought and consideration. Of course, any intended work to a listed building will need consent of the local authority. 

As a reciprocal to the listed building owner carrying out the work, it may be incumbent on the neighbour to serve Notice under the Act for their work.

The procedure

The designer needs to assess the effect of the proposed work and the implications on the building and neighbouring property. At this stage, an experienced party wall surveyor should be consulted to obtain advice on what parts of the Act apply. Assuming the work does fall within the scope of the Act, the procedure is briefly as follows:

• The building owner or their surveyor serves notice on the owner of the neighbouring building
• The neighbour responds
• An Award is drawn up by a surveyor acting for both owners, or surveyors acting independently for each property

An Award sets out what work is intended, timescales and any access requirements. It will include a schedule of condition recording the state of the adjacent property before the work starts, relevant drawings, structural calculations and method statements.

Action

When you have a building project, or your neighbour notifies you of their project under the Act, an experienced party wall surveyor will be able to advise you on the risks to your property and whether a simple consent to the work should be given or an Award is required. Under the Act, all surveyors are required to be impartial in their advice and see that the terms of the Act are properly implemented. In many circumstances, this allows the party wall surveyor to act as an agreed (joint) surveyor for both owners.

Choosing a suitably qualified party wall surveyor will involve selecting a surveyor in membership with either the Pyramus & Thisbe Society or the Faculty of Party Wall Surveyors. Those familiar with Shakespeare may recognise where the link between party walls and Pyramus & Thisbe comes from. Pyramus and Thisbe were separated by a wall in A Midsummer Night’s Dream. However, there was a crack in the wall; Pyramus and Thisbe would meet and speak to each other in secret, using the crack in the wall to communicate with each other without their parents finding out. Sadly, the story did not end well. Fortunately, most party wall matters resolve amicably, but the role of party wall surveyors is to give technical input and see that rights and duties of each party are dealt with fairly in accordance with the Act.

For more detailed advice on specific projects please contact Stuart Brown.

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