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Party Wall Work
Party Wall work is a distinct strand of Birklands Surveying Ltd and we help Owners and Neighbours throughout the East Midlands region to deal with Party Wall matters.
Andrew Drury C. Build E. MCABE, MRPSA, MCIOB, MFPWS, DipCII is a qualified member of Faculty of Party Wall Surveyors,
The Party Wall Etc Act 1996
The Party Wall Etc Act 1996 came into force on 1st July 1997 and applies throughout England and Wales. It does not apply in Scotland or Northern Ireland.
A Party Wall is defined as a wall which forms part of a building and stands on lands belonging to different owners, or so much of a wall as separates buildings belonging to different owners.
The purpose of the Party Wall Etc Act is to provide a robust framework in which issues relating to party wall maters can be resolved without the need to resort to potentially expensive legal action between neighbours. It is also a mechanism where a Surveyor can authorise an Owner to undertake works which would otherwise be unlawful at common law.
In addition to the permissions, it gives to those wishing to undertake building works, it provides protection and safeguards to those who live adjacent or near to such developments.
In short the Act sets out precisely what can be done when building works are proposed that may have an effect on an Adjoining owner.
Works directly to a Party Wall, Party Structure (ceiling or floor) or Party Fence Wall (garden wall)
Excavations within 6 metres of any neighbouring structure
The construction of new walls built up to, or astride a boundary line
Free, No Obligation Review
The 1996 Act is in some senses a rather complex piece of legislation and therefore we offer a free, no obligation review of plans and drawings in order that we can advise you and /or your Architect whether the Act applies to your proposed development or indeed whether you are likely to be affected by a development proposed by your neighbour. If you have any questions at all then please get in touch.
Which Party Wall Notice Do I Need To Serve?
There are three types of Party Wall Notice you may need to serve before starting any extensions or conversions on your property, under the Party Wall Act of 1996. Depending on the work being done to your property or to the Party Wall, there are statutory notice periods that you must adhere to prior to commencing work.
| Party Wall Notice | Situation | Statutory Notice Period |
|---|---|---|
| Line of Junction Notice | When you are building a new wall as a boundary | 1 month |
| Party Structure Notice | If you are carrying out works to a Party Wall or Party Structure | 2 months |
| Notice of Adjacent Excavation | If you are digging within 3 metres of your neighbour’s property to a depth lower than their foundations. Or, if you are installing piled foundations within 6 metres of a neighbour’s property | 1 month |
What Happens After I Serve A Party Wall Notice?
What Happens After I Serve A Party Wall Notice? Once a Party Wall Notice is served to your neighbour, they have three options:
1. Consent to the work
: in this instance, a Party Wall Award is not required, and you can proceed with your planned work. We would advise that a Schedule Of Condition is prepared, which can assist in any claims process – however, this is optional.
2. Dissent to the works and approve their own Surveyor
Here, a Party Wall Award is required, and you will need to appoint a Party Wall Surveyor. Once a Party Wall Award is in place, the notified works are authorised under specific conditions. For example, if you are forming trenches for your foundations, the Party Wall Award may specify that you must install temporary shoring supports. The Party Wall Award will often also specify that you are responsible for any damage caused to your neighbour’s property – if this clause is included, you are often liable to pay their Party Wall Surveyor’s professional fees as well as your own.
3. Dissent to the works and appoint an ‘agreed Surveyor’
Here, you and your neighbour agree to appoint a Surveyor to assess the situation. A Party Wall Award is required here, although there is only one Party Wall Surveyor involved acting for both property owners.
What will my neighbour do once they receive the Notice?
If they are relaxed about the work and the affect that it may have on their property, then they can simply confirm their consent in writing. However if they are concerned it is recommended that they seek professional advice from a Party Wall Surveyor before replying to the notice. They can, at any time, dissent to the notices and appoint a surveyor to help address their concerns. If they do not reply to the notice within 14 days then they will be deemed to have dissented and be “in dispute” with yourself, the building owner.
Dispute sounds serious?
Dispute is simply the term used in the Act when an adjoining owner does not consent. It doesn’t mean that you cannot remain friends with your neighbour or that you cannot undertake the proposed work; it just means that the Act’s dispute resolution procedures are triggered, and the owners are obliged to appoint a party wall surveyor.
Who can act as a Surveyor?
Other than the owners themselves, pretty much anyone, although as there are important construction issues to be agreed it would clearly be helpful if they had a relevant qualification and were familiar with party wall procedures. That will normally mean appointing a surveyor who is a member of the Faculty of Party Wall Surveyors. If you need a Party Wall Surveyor in the East Midlands, then we hope our firm will be your first choice!
So how much will this cost?
In all normal circumstances, the building owner pays the surveyors fees, which is only fair given that it is them benefitting from the building work. Our costs for the drafting and service of all the required notices under the Party Wall Etc Act start from £225.00.
This includes:
- Land Registry Search Fees if required (to verify neighbours' identity & address)
- Reviewing your drawings (if necessary) for clarity and to ensure the notice is valid and providing explanatory notes as required.
- Providing an Acknowledgement / Form of Consent.
- Serving the notice together with a stamped reply envelope (unless you choose to hand deliver - this is recommended)
- Providing follow up 'Ten Day Notices' if necessary
- Answering neighbour's questions
- All normal disbursements
What happens if my neighbour’s property gets damaged?
The Legislation can either allow the building owners contractor to make good any damage to the neighbours property or request a payment in lieu in order that they can employ their own contractor. If there is a dispute over the cause or extent of damage you can use the Act’s dispute resolution procedures. If there is an award produced, it will include a record of your property before the work commences
What if I start the works without adhering to the Party Wall Etc Act?
If you start your project without adhering to the Party Wall Etc Act then in essence the notifiable aspects of your project would be unlawful and your neighbour would be potentially entitled to apply for an injunction forcing you to stop your project. Furthermore in the event of a dispute with your neighbour you would have to resort to the potentially expensive route of civil litigation as the protections offered by the Party Wall Etc Act would not be in play given that Party Wall Notices were never served.
What happens if my neighbour’s agree to the works?
: in this instance, a Party Wall Award is not required, and you can proceed with your planned work. We would advise that a Schedule Of Condition is prepared, which can assist in any claims process – however, this is optional.
What if my neighbours dissent?
Here, a Party Wall Award is required, and you will need to appoint a Party Wall Surveyor. Once a Party Wall Award is in place, the notified works are authorised under specific conditions. For example, if you are forming trenches for your foundations, the Party Wall Award may specify that you must install temporary shoring supports. The Party Wall Award will often also specify that you are responsible for any damage caused to your neighbour’s property – if this clause is included, you are often liable to pay their Party Wall Surveyor’s professional fees as well as your own.
So just remind me again where the rules apply….. It’s as easy as 1, 2, 3!
If you are excavating for foundations within 3 metres of any part of your neighbour’s property then you must serve a party wall notice.
If you are building on or astride the boundary you share with your neighbour then you must serve a party wall notice.
If you are going to undertake any works to a wall that you share with your neighbour then you must serve a party all notice.
I still have more questions….
Then please contact us on 01623 822466 or 07753123 933 or by email at andrew.drury@birklandssurveying.co.uk
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