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) 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 each other, and neighbourly disputes were slowing the construction process. The LBA introduced measures to make it easier for developers and property owners to carry out work along boundary lines and reduce the degree of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for quite some time until finally in 1996 it was decided 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'll think. But you're not alone unless you know much about any of it. Many builders I understand 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 about 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 initial aspect is of course to determine if the act is applicable to begin with. If you are in any doubt it will always be advisable to seek professional advice and in most cases the position is not black and white. In crude terms however, a celebration wall is really 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 could also be applicable if you propose to create a wall or building on land where no wall or physical boundary currently exists.

In today's environment where most properties are in close proximity one to the other it is generally the case that the act can be applicable during any construction project that involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where 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'll feel is minor, such as cutting right into a wall to insert a weatherproof detail or flashing.

As you should 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 should you be unsure. Most surveyors would be ready to give some free advice over the phone and when the project is local in their mind, you will often discover that they will give you a free visit to assess your unique project in the hope that, if the act does apply you'll appoint them to undertake the role for you personally. Certainly in my own professional experience as a chartered building surveyor I give free advice on a normal basis in the hope that it will result in an instruction. There are surveyors who'll charge regardless but the key, as always would be to agree a scope of service and any fee in advance to avoid confusion. Then you know predicament.

After you have deduced that the wall / structure is really a party wall you must determine whether the act does apply to the work being carried out. The Act is approximately 15 pages long and split into 22 sections with various sub-sections. It isn't therefore a lengthy document and several 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 most commonly and the house owner will 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 party wall subject to serving the appropriate notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a party structure or party fence wall" along with "to cut into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course). The complete list is defined 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 is being carried out directly to a shared wall, it would 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 could be bewildering. Essentially however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall could also be a garden wall or fence) the act may be applicable, if certain criteria relating to depth of excavation in relation to any party walls are achieved. If you are excavating within 3 metres the act is more than likely applicable.

Once you have determined that; a) the wall is really a party wall and b) based upon 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 so that you can protect your position.

The first procedure would be 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 personally and sample templates are available online to download from various sources if you need to do it yourself. But if you do propose to serve notice yourself, keep an eye on the fact that much like all things where may very well not have sufficient knowledge, the repercussions of getting it wrong might have legal ramifications. On this basis it is normally advised that you seek professional assistance. 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 they are less commonly applicable I have not included commentary in this article), as too will be the length of time applicable between your notice being served and work commencing. The notice under section 2 will provide two months notice and the notice under section 6 will provide one month following which work can commence so long as everything is to be able in terms of the act. Once more there are numerous ramifications associated with adjoining owner dissent, non response 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 might find that the adjoining owner just consents to the task in which case you can begin earlier by mutual consent!

Even if the adjoining owner does consent i quickly would advise that a schedule of condition be prepared on the wall to make sure that you have a record of any cracks or defects before you begin work. You'd 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 task and appoints their own surveyor, as they are entitled to do beneath the act, then you may also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these situations, unless you really know very well what you are doing you need to get help. It's worth noting however, that when your neighbour does appoint a surveyor then as building owner you are likely to 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 lack of awareness) but technically the perpetrator is then breaking regulations. I could go into detail concerning the implications of deliberately failing woefully to serve notice but if you are a building owner reading this article then you are clearly already aware of the act and concerned that the process is correctly followed. When you are on the other hand, where a neighbour have not served notice on you, there is recourse but you should seek professional advice. Additionally it is worth noting that ignorance is not any defence in terms of the law.

It is believed that the act is merely designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is an industry built round the act and professionals do charge for his or her services, but there's enough competition to ensure that fees remain reasonable. It really is in fact an enabling act that means that the positions of both parties are protected and more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act 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 is usually a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around a finish of terrace house in London and shows the implications of the act on standard houses and therefore general home owners, not only large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused damage to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. That is standard procedure and also if he had served the correct notices he then would still have been responsible for this cost, but more importantly 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 great things about defence he might gain from the terms of the act and therefore special damages were allowed. In  https://mikkelsen-barton.technetbloggers.de/so-how-exactly-does-the-party-wall-act-affect-building-work  like this the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house because of the defects plus they were even awarded costs for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the correct procedures and served the correct notices then these substantial additional costs would not have been incurred. He would only have been responsible for the expense of putting right the damage, not the excess costs. This example is by no means common place but does head to shown the potential implications of not following the correct procedures. What seems like a sensible saving on surveyor's fees could turn into 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.  Right of Light Consultants Woodford  need to seek expert advice if undertaking any work to, or near 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.