Firstly, without boring you with the detail, i want to 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 has a large number of properties which are constructed in close proximity to one another, and neighbourly disputes were slowing down the construction process. Click here for info introduced measures to make it easier for developers and home owners to handle work along boundary lines and reduce the level of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it had been 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 any of it. Many builders I understand either don't know about it, or worse ignore it. Professionals aren't immune either.
You're probably interested in this short article because you're about to perform a construction project, or possibly your neighbour is. It could be a little 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 needless to say to determine if the act is applicable to begin with. If Article source are in virtually any doubt it is always advisable to seek professional advice and in many instances the position is not monochrome. In crude terms however, a party wall is a structure shared by two neighbours which would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is a little misleading and much more than this, it may also be applicable in the event that 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 come in close proximity one to the other it is generally the case that the act will become 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 the party wall isn't being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In conjunction, it may enter into play for work that you would feel is minor, such as 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 should you be unsure. Most surveyors will be ready to give some free advice on the phone and if the project is local in their mind, you will often discover that they will provide you with a free stop by at assess your particular project in the hope that, if the act does apply you'll appoint them to attempt 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'll lead to an instruction. There are surveyors who will charge regardless but 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.
Once you have deduced that the wall / structure is really a party wall you need to determine if the act is applicable to the task being completed. The Act is approximately 15 pages in length and split into 22 sections with various sub-sections. It is not therefore an extended document and several of the sections include interpretations and explanation meaning that the most relevant sections are even more condensed. There's however two main sections which apply most commonly and the house owner will 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" along 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 entire list is defined out in the act and covers most work, other than very superficial, that could possibly be completed to a wall. Under most circumstances where any work has been carried out directly to a shared wall, it would be expected that the act should come into play, although there are exceptions and you will be advised to take advice.
The second section which is likely to be most applicable is Section 6: Adjacent excavation and construction. Once again the technicalities are set out in the act but can be bewildering. In essence however, in the event that 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 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 probably applicable.
After you have determined that; a) the wall is really a party wall and b) based on 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 inform them of the work 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 in order to do-it-yourself. But if you do propose to serve notice yourself, be mindful of the fact that much like all things where you may not have sufficient knowledge, the repercussions to 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 if 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 posting), as too is definitely the amount of time applicable between the notice being served and work commencing. The notice under section 2 provides two months notice and the notice under section 6 will provide one month following which work can commence so long as everything is to be able in terms of the act. Once more there are numerous ramifications associated with adjoining owner dissent, non response 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 may find that the adjoining owner just consents to the task in which case you can begin earlier by mutual consent!
Even if the adjoining owner does consent then I would advise that a schedule of condition be prepared on the wall to make sure that you've got 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 completed, that were actually there before!
If however the adjoining owner dissents to the work and appoints their own surveyor, because they are entitled to do beneath the act, then you may also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know 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 it's likely you'll be liable for their fees.
The Act is a fully established act of parliament and as such is law. Ignoring the Act is common place (often through insufficient awareness) but technically the perpetrator is then breaking regulations. I could go into detail regarding the implications of deliberately failing woefully to serve notice but if you're a building owner scanning this article you then are clearly already aware of the act and concerned that the process is correctly followed. In case you are on the other hand, where a neighbour have not served notice you, there is recourse but you should seek professional advice. Additionally it is worth noting that ignorance is no defence in terms of the law.
It is 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 an industry built round the act and professionals do charge for their 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 can often save fees where there was 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 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) completed building work without serving notice under the act. This work subsequently caused damage 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 also if he had served the correct notices he then would still have already been responsible 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 benefits of defence that 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 through a failure to sell their house because of the defects and they were even awarded charges for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the correct procedures and served the correct notices then these substantial additional costs would not have been incurred. He'd only have been responsible for the expense of putting right the damage, not the additional costs. This example is in no way common place but does go to shown the potential implications of not following correct procedures. What appears 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 complete technical assessment. You should seek professional advice if undertaking any work to, or near neighbouring land or property. It will also be noted that the act doesn't have any bearing on any other legislation, including the requirement for planning permission or building regulation approval etc which are completely separate entities.