Tag: party wall act

The Party Wall etc Act 1996 was introduced in 1997 to avoid and resolve disputes between neighbours when work is being undertaken to an adjacent property. The Act is divided into several sections, of which three in particular apply to specific building situations. Often, designers and building owners are not aware of the advantages of the Act.

Section 1

This allows walls for extension to be built as a continuation from an existing party wall between two buildings or along a boundary line. Under the Act, there is a procedure for getting agreement from a neighbour to carry out this work. This can avoid two extensions being built parallel to each other with a small inaccessible gap between them, which inevitably fills with rubbish and can lead to damp issues.

This photograph shows what happens when two neighbours cannot agree:

Recently, we were able to advise a client to redesign their scheme, and with agreement of the neighbour, the side wall of the extension will now be built as a projection of the original party wall line and will avoid this problem.

Section 2

A party wall is a shared structure, typically between two semi-detached properties. The Act permits the raising of a party wall on top of the existing wall. The ability to do this is beneficial when forming the side wall of dormers for loft conversions. This maximises the space internally. The Act provides an automatic right for gaining access onto a neighbour’s roof to enable a safe working space for scaffold and access to actually build the side wall.

Sometimes we see a side of the loft extension built inset from the party wall line. Then the neighbour cannot legally build their subsequent dormer touching the earlier dormer. Again, this results in a gap that cannot be maintained. Also, by insetting the dormer from the party wall line, the work requires negotiation of access with the neighbour rather than using the automatic right of access.

This part of the Act also governs a procedure of rebuilding or repairing a shared boundary wall (strangely described in the Act as a ‘party fence wall’). In this situation, the wall can be repaired with allocation of responsibility for costs. Another sub-section permits the raising of a boundary wall, or even rebuilding it as a party wall, to enable an extension to be built on a larger footprint.

Section 6

Where building foundations on the boundary line which are going lower than the foundations to a neighbour’s building and within 3 metres of that building, the Act gives access to the neighbour’s land if it is necessary to carry out the excavations following the service of a Notice.

Where access is needed to carry out work permitted under the Act, 14 days’ notice must be given to the neighbour in advance of the work taking place.

How can we help?

As a party wall surveyor with over 25 years of experience in party wall surveying in the local area covering Bedford, Milton Keynes, Northampton and Luton, we have built up a knowledge base of scenarios and achieving best outcomes for both parties. Typically, we are dealing with between 50 and 100 properties each year. We are willing to review building proposals and advise on the applicability of the Act at an early stage in the design process. We offer 15 minutes’ free consultation to advise property owners and designers.

Where the Act does not apply but access is required to a neighbour’s land in order to build safely, we also have experience in negotiating access licences. Normally, these are for the erection of scaffold. A licence provides a formal agreement between parties defining the extent of access, duration and condition of the existing land while providing reassurance to a neighbour that if there are problems or unacceptable overrun of being on their land that there are procedures for the surveyor to deal with these issues.

To discuss your project or for more information on the Party Wall Act, please contact Stuart.

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.

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

The original Party Wall Acts only previously applied to the London Boroughs with its origin dating back to just after the Great Fire of London in 1666, when timber party walls were outlawed and masonry construction achieved firebreaks between properties.

The Act of today covers more than just work to walls separating dwellings or buildings of different ownership. The key to the scope of the Act is inclusion in the title of ‘etc.’. This is perhaps why there is still a lack of awareness of the Act and its applicability to building projects.

The Act covers:

• Building on the line of junction (more commonly known as boundary line) with the   consent of the adjacent owner.
• Excavations taking place within 3 metres of next door’s building and going lower than the foundations of that building.
• Further rules also apply if the foundations are very deep and are within 6 metres of next door’s building.
• Internal works which may affect the party wall between properties, such as building in beams for loft conversions.
• Extending the party wall up for a dormer roof extension.

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

We have recently seen a flood of enquiries precipitated by neighbours being contacted by ‘ambulance chasing’ surveying firms who look at planning application registers on local authority websites. They check where developments are taking place and then they cunningly contact the neighbours out of the blue. The letters often imply that they have been appointed, but it is important to highlight that until a Notice is served by the building owner, no appointments can be made under the Act.

Some enquiries we receive refer to a Party Wall Agreement. The terminology used in the Party Wall etc. Act 1996 is an ‘Award’. This is drawn up by a surveyor(s) and it determines whether the work is permitted under the Act and if any particular methods of construction are required to implement the construction in order to protect the neighbour’s property from damage. It also identifies rights of access onto the adjoining property for the purposes of the work.

When you have a building project, or your neighbour notifies you of their project under the Act, you should consult with a surveyor who has sound knowledge of the Act and procedures. An experienced party wall surveyor would 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. This allows the party wall surveyor to act as an agreed (joint) surveyor for both owners.

Our party wall surveyor, Stuart Brown, has been administering the terms of the 1996 Act since inception and has dealt with several hundred Awards over the years covering Bedfordshire, Hertfordshire and Buckinghamshire, including Milton Keynes, Biggleswade, Luton and Hemel Hempstead.

If you are intending to carry out building work close to your neighbour’s property or if your neighbour is about to build, please call Stuart Brown, Chartered Building Surveyor on 01234 362923 or email spb@robinsonandhall.co.uk to obtain advice on whether the Act applies and what procedures are involved.