Party Wall Advice
Advice for a construction or refurbishment project involving a party wall,
protecting owner’s rights and defining how works should be carried out
The Party Wall etc. Act 1996 requires property owners to follow a specific procedure when:
- Undertaking work to a shared, separating wall between neighbouring properties
- Excavating foundations within 6 metres of a neighbouring property's building
- Erecting a structure up to the boundary between neighbouring properties
It’s not always clear where a boundary lies but a wall between two terraced houses is classed as a party wall and a floor between two flats is a party structure. The Act exists to protect the interests of all parties affected by the proposed building works.
Examples of alterations typically covered by the Act include:
- Inserting a beam into a common wall for a loft conversion
- Removing a chimney breast attached to a shared wall
- Underpinning a party wall for a basement extension
Maintenance and repairs, such as damp-proof coursing, may also fall within the scope of the Act.
The Party Wall etc. Act 1996 governs works to both residential properties and commercial buildings, including retail, office and industrial.
Understanding the party wall process
Certain building works require that property owners serve notice on their neighbours. If the adjoining owner rents their property, the landlord or freeholder of the building will also need to be informed. If consent for the works is withheld, the parties are deemed to be ‘in dispute’ and a professional surveyor must be appointed to resolve the situation by way of a Party Wall Award (or Agreement). Speaking to neighbours in person before issuing an official notice increases the likelihood of a positive outcome.
The Party Wall Award details the work to be carried out, when and how it will be done and records the current condition of the neighbouring property. An accurate Schedule of Condition is crucial, allowing any subsequent damage to be easily identified, attributed and rectified.
The agreement may cover working hours, any necessary safeguards and access over adjoining land to undertake and inspect the works. As well as rights, it sets out responsibilities in relation to costs.
It’s the job of a Party Wall Surveyor to prepare and serve the Award on the affected parties.
Why you need a qualified surveyor
The Act is not intended to prevent you from carrying out alterations to your property. It merely stipulates that you fulfil certain obligations such as serving notices at a prescribed time. Failure to comply with the legislation could make you liable for the cost of reinstatement works. Involving a qualified Party Wall Surveyor helps to resolve any differences between neighbours. If a dispute does arise, both parties can appoint the same surveyor to act impartially. OA Surveyors are able to act as the Building Owner’s Surveyor, Adjoining Owner’s Surveyor and the Agreed Surveyor.
Although template Party Wall Agreements are available online, many don’t contain all the necessary information, and, if not properly served, will be invalid. We have extensive experience of party wall matters and in-depth knowledge of construction risks and statutory requirements. We’re able to advise and act on a client’s behalf, negotiating or arbitrating if a dispute arises. Regulated by RICS, we follow a strict code of conduct, meeting all the requirements of the Party Wall Act.
As part of a solicitor’s enquiries during the sale of a property, copies of Party Wall Awards are often requested. Failure to provide the agreement where works have been undertaken could jeopardise the sale of a property.
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"Alexander was really helpful in explaining the Party Wall process to me. He then issued notices on my behalf. Thank you, Alexander."
— Brad A, Brighton
