The Party Wall Act: What's THAT About

Firstly, without boring you with the detail, i want to provide you with 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'll appreciate London includes a large numbers of properties which are constructed near one another, 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 quite some time until finally in 1996 it had been made a decision to revamp the act and roll it out nationwide in the form of The Party Wall Act 1996.

The Act is far reaching and is necessary more than you would think. But you are 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 short article because you're going to perform a construction project, or possibly your neighbour is. It might be a small 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 you are in any doubt it is usually advisable to seek expert advice and in most cases the position isn't black and white. In crude terms however, a party wall is a structure shared by two neighbours which would include boundary walls or fences as well as 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 create a wall or building on land where no wall or physical boundary currently exists.

In a modern environment where most properties are in close proximity to one another it is usually the case that the act can be applicable during any construction project which involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where in fact the party wall is not being altered, but support is necessary from the wall for steel supports or suspended timber floors or ceilings etc. In tandem, it may come 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 more often than not applicable when you carry out 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 would be ready to give some free advice on the phone and if the project is local to them, you will often discover that they will provide you with a free visit to assess your particular project in the hope that, if the act does apply you will appoint them to attempt the role for you. Certainly in my own professional experience as a chartered building surveyor I give free suggestions about a regular basis in the hope that it'll result in an instruction. You can find 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. Then you know where you stand.

When you have deduced that the wall / structure is really a party wall you should determine whether the act is applicable to the work being carried out. The Act is approximately 15 pages long 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 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 party wall subject to serving the appropriate notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to make good, repair, or demolish and rebuild, a party structure or party fence wall" together with "to cut right into a party structure for just about any purpose (which may be or include the purpose of inserting a damp proof course). The entire 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 directly to a shared wall, it would be expected that the act will come into play, although there are exceptions and you will be advised to take advice.

The second section that is apt to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are lay 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 may 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. In case you are excavating within 3 metres the act is more than likely applicable.

When 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 as a way 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 in order to do-it-yourself. But if you do propose to serve notice yourself, keep an eye on the fact that as with all things where may very well not have sufficient knowledge, the repercussions to getting it wrong might have legal ramifications. With this basis it really is normally advised that you seek professional assistance. 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 they are less commonly applicable I've not included commentary in this article), as too could be the length of time applicable between the notice being served and work commencing. The notice under section 2 provides 8 weeks notice and the notice under section 6 will provide one month following which work can commence so long as everything is in order in terms of the act. Once more there are many ramifications relating to adjoining owner dissent, non response to notices or sheer bloody mindedness but I'll leave these for another day, or for your party wall surveyor to advise you upon. Or you might find that the adjoining owner just consents to the task in which case you can start earlier by mutual consent!

Even though the adjoining owner does consent i quickly would advise that a schedule of condition be prepared on the wall to ensure that you've got a record of any cracks or defects before you start work. You would be amazed at how many times a neighbour spots cracks after work has been carried out, which were actually there before!

If nevertheless the adjoining owner dissents to the work and appoints their own surveyor, because they are entitled to do under the act, then you will also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know very well 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 insufficient awareness) but technically the perpetrator is then breaking the law. I could get into detail concerning the implications of deliberately failing to serve notice but if you are a building owner reading this article you then are clearly already alert to the act and concerned that the process is correctly followed. When you are on the other side, where a neighbour has not served notice on you, there is recourse but you should seek expert advice. It is also 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 truth. Yes there is a business built round the act and professionals do charge for their services, but there is enough competition to ensure that fees remain reasonable. It really is actually 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  Party Wall Surveys Bordesley Green  can often save fees where there is once a prospect of litigation and dispute.

Despite this, it's quite 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 therefore 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 beneath the terms of the act. That is standard procedure and even if he had served the right notices then he would still have already been liable for this cost, but moreover with what we have been discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) because it felt that Mr Sadiq's failure to see the act negated any benefits of defence that he might gain from the terms of the act and therefore special damages were allowed. In cases like this 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 charges for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the correct procedures and served the appropriate notices then these substantial additional costs would not have been incurred. He'd only have been liable for the cost of putting right the damage, not the additional costs. This example is by no means common place but does head to shown the potential implications of not following the correct procedures. What appears like a sensible saving on surveyor's fees could become a substantial cost for damages. You have been warned!

This brief article is targeted at giving a layman's view of the act for information purposes instead of a full technical assessment. You need to seek expert advice if undertaking any work to, or in close proximity to neighbouring land or property. It will also be noted that the act doesn't have any bearing on any legislation, like the requirement for planning permission or building regulation approval etc which are completely separate entities.