HW Party Wall Surveyors
The Party Wall Act 1996
Explained....
What is the Party Wall Act?
The Party Wall etc. Act 1996 introduced a procedure for resolving disputes between owners of neighbouring properties that share a party structure or are within close proximity, arising as a result of one owner's intention to carry out certain works which would affect the party wall / structure.
The Act covers:
- works to be carried out directly to an existing party wall or party structure
- New building at or astride the boundary line
- Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s)
But what is a Party Wall?
The simplest definition of a Party Wall is a wall that is shared between two or more adjoining property owners, often a terrace or semi-detached property.
Some examples of walls that are not a Party wall are:
- boundary walls (a fence wall/garden wall built wholly on one owner’s land)
- external walls to a building (the wall of a building built up to but not astride the boundary).
However........
Other Party Walls
under the Act there are other structures / works that also fall under the Act, such as:
Enclosed wall
a wall that was owned by one property, but has been enclosed by another property (such as an extension that now abuts the neighbour)
Party Fence Wall
Party Fence Wall (ie a jointly owned masonry garden wall).
This does not include such things as wooden fences or hedges.
Party Structure
A floor or internal wall that separates different properties (ie a floor between flats)
Excavations
If you plan to excavate within 3 meters of your neighbours house, and lower than their foundations,
OR, within 6m and within a 45 degree line
Who can serve a
Party Wall Notice?
Essentially anyone can serve a Party Wall Notice
However, there are 3 different Notices that can be served, depending on the works that you are doing (see below), and it may be that more than one type of Notice is required.
Each Notice has to (by law) set out a number of parameters about the works, proposed dates, and Notice periods, or else the Notice is invalid.
While serving notice yourself is cheaper, we recommend to prevent any common mistakes, that you have a professional prepare and issue these notices on your behalf.
Party Wall etc Act 1996 : Sections
Section 1 of the Act
Line of Junction Notice
covers new walls built up to or astride the Boundary or Line of Junction
Section 3 of the Act
Party Structure Notice
covers work carried out to an existing Party Wall or party structure.
This is often the shared wall between two properties, but can also include garden walls (known as a Party Fence Wall when sitting astride a boundary) or a floor separating two flats.
Section 6 of the Act
Notice of Adjacent Excavation
covers excavations within 3 or 6 meters of an adjoining owner’s property and to a greater depth then their foundations.
What is a
Party Wall Award?
Only a qualified Party Wall Surveyor can agree and serve an Award under the Party Wall etc Act 1996.
In the event that your neighbour (adjoining owner) dissents to the Party Wall Notice(s), an agreement will be drawn up, outlining how the works are to be carried out.
A Party Wall Award typically includes the following items:
- The particulars including the names of the parties to the dispute and the surveyors appointed to resolve the dispute.
- Clauses setting out the proposed works and how they are to be undertaken.
- Clauses relating to the rights and obligations of the building and adjoining owners during and after the works.
- Schedule of Condition
- Architect’s & Engineer’s Drawings and calculations.
- Contractor’s method statement.
Schedule of Condition
As part of the Award it is common that a condition survey is carried out and a Schedule of Condition report is prepared.
A schedule of Condition is a visual photographed inspection within the vicinity of the proposed works of the Adjoining owner's property.
This survey is beneficial to both owners in assessing the condition of the existing adjacent property:
For the Building Owner it helps to prevent an adjoining owner claiming for damage to their property which was present before the works started, and the associated costs to carry out that repair.
For the Adjoining Owner it will help to support a claim if any damage has occurred as a result of the building works, and can be used as evidence to support such a claim.
HW Party Wall Surveyors is a trading name under HW Architects Ltd [reg.8658023]
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