Firstly, without boring you with the detail, i want to give you 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'll appreciate London has a large numbers of properties which are constructed in close proximity to one another, and neighbourly disputes were slowing the construction process. The LBA introduced measures to make it easier for developers and property owners to handle work along boundary lines and reduce the level of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it was 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 comes into play more than you would think. But you're not alone if you don't know much about it. Many builders I know either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably interested in this short article because you're about to carry out a construction project, or possibly your neighbour is. It could be a small 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 of course to determine if the act is applicable to begin with. If you are in any doubt it is always advisable to seek expert advice and in most cases the position isn't monochrome. In crude terms however, a party wall is really a structure shared by two neighbours and this would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is really a little misleading and much 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 today's environment where most properties are in close proximity to one another it is generally the case that the act will become applicable during any construction project which 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 conjunction, it may enter into play for work that you would feel is minor, such as for example 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 would be to consult a surveyor who has party wall experience when you are 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 give you a free visit to assess your unique project in the hope that, if the act does apply you'll appoint them to attempt the role for you personally. Certainly in my own professional experience as a chartered building surveyor I give free advice on a regular basis in the hope that it'll result in an instruction. There are surveyors who'll 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.
After you have deduced that the wall / structure is a party wall you have to determine if the act is applicable to the task being completed. The Act is approximately 15 pages in length and split into 22 sections with various sub-sections. It is not therefore a lengthy document and several of the sections include interpretations and explanation meaning that the most relevant sections are even more condensed. There is however two main sections which apply mostly and the home owner will 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 correct 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" and also "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 might be expected that the act should come into play, although you can find exceptions and you will be advised to take advice.
The second section that is likely 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. In essence however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall could also 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 more than likely applicable.
Once 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 essential 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 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 can be found online to download from various sources to be able to do-it-yourself. But should you choose 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 to getting it wrong can have legal ramifications. On this basis it really is normally advised that you seek professional help. The notices, when served changes depending upon if the work falls under section 2, section 6 or both (you can find other sections but as they are less commonly applicable I've not included commentary in this post), as too is definitely the amount 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 provides a month following which work can commence provided that everything is in order 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 another day, or for your party wall surveyor to help you upon. Or you might find that the adjoining owner just consents to the work in which case you can begin earlier by mutual consent!
Even if Party Wall Surveys Barnes Cray adjoining owner does consent then I would advise a schedule of condition prepare yourself on the wall to ensure that you've got a record of any cracks or defects before you begin work. You'd be amazed at how many times a neighbour spots cracks after work has been carried out, that were actually there before!
If however 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 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 it's likely you'll be responsible for their fees.
The Act is 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 regulations. I could go into detail regarding the implications of deliberately failing to serve notice but if you are a building owner scanning this article you then are clearly already alert to the act and concerned that the procedure is correctly followed. For anyone who is on the other hand, where a neighbour has not served notice you, there is recourse nevertheless, you should seek expert advice. Additionally it is worth noting that ignorance is no defence with regards to the law.
It is 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 an industry built around the act and professionals do charge because of their services, but there is enough competition to ensure that fees remain reasonable. It really is in fact an enabling act that ensures 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 was once a prospect of litigation and dispute.
Despite this, it is common for projects to be undertaken satisfactorily without serving notice but this is the 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) carried out building work without serving notice beneath the act. This work subsequently caused damage to the neighbouring property and he was forced to create good this damage by the court under the terms of the act. This is standard procedure and even if he previously served the right notices then he would still have been responsible for this cost, but moreover with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) because it felt that Mr Sadiq's failure to observe the act negated any great things about defence he might gain from the terms of the act and therefore special damages were allowed. In this case the Louis's were awarded compensation to cover additional costs incurred through a failure to sell their house due to the defects and 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 correct notices then these substantial additional costs wouldn't normally have been incurred. He'd only have been liable 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 correct procedures. What seems like a sensible saving on surveyor's fees could become a substantial cost for damages. You have already been warned!
This brief article is targeted at giving a layman's view of the act for information purposes as opposed to a complete technical assessment. You need to seek expert advice if carrying out any work to, or in close proximity to neighbouring land or property. It will also be noted that the act does not have any bearing on any legislation, like the requirement for planning permission or building regulation approval etc which are completely separate entities.