Firstly, without boring you with the detail, i want to provide you with 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 will appreciate London has a large number of properties which are constructed near one another, and neighbourly disputes were slowing down the construction process. The LBA introduced measures to create it easier for developers and home 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.

Browse around this site is far reaching and comes into play more than you would think. But you’re not alone unless you know much about it. Many builders I know either don’t know about it, or worse ignore it. Professionals aren’t immune either.

You’re probably thinking about this short article because you’re going to carry out a construction project, or possibly 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 to begin with. If you are in any doubt it is usually advisable to seek professional advice and in most cases the position is not monochrome. In crude terms however, a celebration wall is really a structure shared by two neighbours which would include boundary walls or fences along with the walls to a building. Perhaps in this regard the title of the act is really a little misleading and 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 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 close 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 come into play for work that you would feel is minor, such as cutting right 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 carry out construction work near to neighbouring buildings / land. My advice is always to consult with a surveyor who has party wall experience if you are 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 offer you 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 personally. Certainly in my professional experience as a chartered building surveyor I give free suggestions about a regular basis in the hope that it will result in an instruction. You can find surveyors who’ll 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 a party wall you have to determine whether the act does apply to the task being carried out. The Act is approximately 15 pages in length and put into 22 sections with various sub-sections. It isn’t therefore an extended document and many of the sections include interpretations and explanation which means that the most relevant sections are even more condensed. There is however two main sections which apply mostly and the house owner would be advised to be aware of;

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 correct notice. Such rights numbered from 2 (2) (a) – (2) (n) include such works as; “to make good, repair, or demolish and rebuild, a celebration structure or party fence wall” together with “to cut into a party structure for any purpose (which may be or include the reason for 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 carried out to a wall. Under most circumstances where any work is being carried out directly to a shared wall, it will be expected that the act should 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 set out in the act but can be bewildering. Essentially however, if you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall may be a garden wall or fence) the act may be applicable, if certain criteria associated with depth of excavation with regards to any party walls are achieved. If you are excavating within 3 metres the act is probably applicable.

Once you have determined that; a) the wall is a party wall and b) based upon 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 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 and sample templates are available online to download from various sources to be able 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 you may not have sufficient knowledge, the repercussions to getting it wrong might have legal ramifications. On this basis it is normally advised that you seek professional help. The notices, when served changes depending upon whether the work falls under section 2, section 6 or both (you can find other sections but as these are less commonly applicable I have 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 will provide 8 weeks notice and the notice under section 6 provides a month following which work can commence so long as everything is in order with regards to the act. Once more there are numerous ramifications relating to adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I’ll leave these for a later date, or for the party wall surveyor to advise you upon. Or you may find that the adjoining owner just consents to the work 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 begin 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 work and appoints their own surveyor, because they are entitled to do beneath 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 should get help. It’s worth noting however, that when 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 therefore 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 regarding the implications of deliberately failing to serve notice but if you’re a building owner scanning this article you then are clearly already alert to the act and concerned that the procedure is correctly followed. When you are on the other side, where a neighbour have not served notice you, there is recourse but you should seek professional advice. It is also worth noting that ignorance is no 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 because of their services, but there’s enough competition to ensure fees remain reasonable. It is actually an enabling act that means that the positions of both parties are protected and much more importantly, means 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’s quite common for projects to be undertaken satisfactorily without serving notice but that is 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. This is standard procedure and also if he had served the right 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 benefits of defence that he might gain from the terms of the act and for that reason special damages were allowed. In this case the Louis’s were awarded compensation to cover additional costs incurred through a failure to sell their residence because of the defects plus they were even awarded costs 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 would only have been liable for the price of putting right the damage, not the excess costs. This example is in no way common place but does head to shown the potential implications of not following a correct procedures. What seems like a sensible saving on surveyor’s fees could turn into a substantial cost for damages. You have already been warned!

This brief article is aimed at giving a layman’s view of the act for information purposes instead of a complete technical assessment. You should 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 other legislation, like the requirement for planning permission or building regulation approval etc which are completely separate entities.