Firstly, without boring you with the detail, i want to offer you a brief background. The Party Wall Act (The Act) once we know it today was effectively born from the London Building Acts (LBA). As you will appreciate London has a large number of properties which are constructed in close proximity to each other, and neighbourly disputes were slowing the construction process. The LBA introduced measures to create it easier for developers and property owners to handle work along boundary lines and decrease the level of disputes by setting out specific obligations on both parties. The LBA was used successfully in London for several years until finally in 1996 it was made a decision to revamp the act and roll it out nationwide in the form of The Party Wall Act 1996.
The Act is wide ranging and is necessary more than you would think. But you're not alone if you don't know much about any of it. Many builders I understand either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably thinking about this article because you're going to carry out a construction project, or maybe your neighbour is. It could be a little extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The initial aspect is needless to say to determine whether the act is applicable in the first place. If you are in any doubt it is usually advisable to seek expert advice and in many instances the position isn't monochrome. In crude terms however, a celebration wall is a structure shared by two neighbours and this would include boundary walls or fences in addition to the walls to a building. Perhaps in this regard the title of the act is a little misleading and 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 today's environment where most properties are in close proximity one to the other it is usually the case that the act can be applicable during any construction project that involves digging foundations near to a boundary line. It may also be applicable for loft conversions or building refurbishments where in fact 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 generally applicable when you perform construction work near to neighbouring buildings / land. My advice would be to consult a surveyor who has party wall experience when you are unsure. Most surveyors will be willing to give some free advice over the phone and if the project is local in their mind, you will often discover that they will give you a free stop by at assess your particular project in the hope that, if the act does apply you will appoint them to undertake the role for you. Certainly in my professional experience as a chartered building surveyor I give free suggestions about a normal basis in the hope that it will result in an instruction. There are surveyors who will charge regardless however the key, as always is to agree a scope of service and any fee up front to avoid confusion. You then know predicament.
When you have deduced that the wall / structure is really a party wall it is advisable to determine if the act does apply to the task being carried out. https://grindanddesign.com/members/pushgoat4/activity/3498092/ is approximately 15 pages in length and put into 22 sections with various sub-sections. It is not therefore a lengthy document and several of the sections include interpretations and explanation which means that probably the most relevant sections are a lot more condensed. There is however two main sections which apply most commonly and the house owner would be advised to understand;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a celebration 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" in addition to "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 set 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 right to a shared wall, it will be expected that the act should come into play, although there are exceptions and you would be advised to take advice.
More help which is likely to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are set out in the act but could be bewildering. In essence however, if you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall could also be a garden wall or fence) the act may be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. For anyone who is excavating within 3 metres the act is more than likely applicable.
After you have determined that; a) the wall is a party wall and b) based on the scope of work or proximity of excavation the terms of the act can be applied, it will be essential to follow the procedures set down within the act so as 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 no requirement to appoint a surveyor to serve these notices for you and sample templates can be found online to download from various sources if you need to do it yourself. But if you do propose to serve notice yourself, be mindful of the fact that as with all things where you may not have sufficient knowledge, the repercussions of getting it wrong might have legal ramifications. With this basis it is normally advised that you seek professional help. The notices, when served will be different depending upon whether the work falls under section 2, section 6 or both (there are other sections but as these are less commonly applicable I've not included commentary in this post), as too would be 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 provides a month following which work can commence given that everything is to be able in terms of the act. Once again there are numerous ramifications relating to adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for another day, or for the party wall surveyor to help you upon. Or you might find that the adjoining owner just consents to the work in which case you can start earlier by mutual consent!
Even though the adjoining owner does consent then I would advise a schedule of condition prepare yourself on the wall to ensure that you have a record of any cracks or defects before you start work. You would be amazed at just how many times a neighbour spots cracks after work has been carried out, which were actually there before!
If however the adjoining owner dissents to the task and appoints their own surveyor, as they are entitled to do under the act, then you may also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these situations, unless you really know what you are doing you need to get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner it's likely you'll be liable for their fees.
The Act is really a fully established act of parliament and as such is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking the law. I could get into detail regarding the implications of deliberately failing woefully to serve notice but if you're a building owner reading this article then you are clearly already aware of the act and concerned that the procedure is correctly followed. If you are on the other side, where a neighbour have not served notice on you, there is recourse nevertheless, you should seek expert advice. Additionally it is worth noting that ignorance is not any defence in terms of the law.
It is often believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the reality. Yes there is a business built around the act and professionals do charge for his or her services, but there is enough competition to make certain fees remain reasonable. It is in fact an enabling act that ensures that the positions of both parties are protected and much 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 is common for projects to be undertaken satisfactorily without serving notice but this can be a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around a finish of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not just large scale developments. Mr Sadiq (building owner) carried out building work without serving notice beneath the act. This work subsequently caused harm to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. That is standard procedure and even if he had served the correct notices then he would still have been liable for this cost, but more importantly with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to observe the act negated any great things about defence he might gain from the terms of the act and for that reason special damages were allowed. In this instance the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house due to the defects plus they were even awarded costs for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the right procedures and served the correct notices then these substantial additional costs would not have been incurred. He'd only have been responsible for the cost 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 been warned!
This brief article is aimed at giving a layman's view of the act for information purposes as opposed to a full technical assessment. You should seek expert advice if undertaking any work to, or near neighbouring land or property. It should also be noted that the act does not have any bearing on any other legislation, like the requirement of planning permission or building regulation approval etc which are completely separate entities.