Party Wall Act FAQ
The Party Wall etc. Act 1996 covers England and Wales. The Act is intended to enable building works whilst protecting those owning or living next to the works.
The Act only applies to work on a shared wall, along a boundary line or if excavations are near to an adjoining property. Below you will find frequently asked questions relating to the Party Wall Act.
What is the Party Wall etc. Act 1996?
The Party Wall etc. Act 1996 (the Act) affects virtually all residential, commercial and industrial property and land in England and Wales. It gives additional rights to building owners planning certain construction works. It also ensures adjoining neighbours are informed and protected during these works.
The Act supersedes common law and provides a framework to resolve disputes between parties without using law courts.
The Act does not override any other planning or building control requirements.
Failure to comply with the Act may result in the works being unlawful, either due to failing to invoke the Act or implementing it incorrectly.
Without invoking the Act, the Building Owner is liable to prosecution under common law.
What does the Party Wall Act cover?
Significant building work on three areas of a property:
New building works at the property boundary, including modification and repair of the boundary wall.
Significant works that affect a party wall or structure. For example;
Cutting into a party structure.
Changing the size of a party wall.
Removing chimneys from a party wall.
Knocking down and rebuilding a party wall.
Certain excavations within 6 meters of the Adjoining Owners building.
Cubit Party Wall Surveyors can advise you whether your building works are covered under the Act. Contact us for a free consultation.
How do I ‘invoke’ the Party Wall Act?
The Act is invoked (comes into action) once a Party Structure Notice is served on all relevant parties.
The Party Structure Notice is a document that explains clearly to your neighbours what works are planned and when they will happen. Dependant on the works being proposed notice must be served one or two months prior to the works starting.
It is the responsibility of the Building Owner to serve the Party Structure Notice on all parties. It is crucial that these Notices are correctly served or the Act is not invoked. If the Act is not invoked the Building Owner is liable under Common Law for damage and trespass. Therefore it is common for a Building Owner to instruct Cubit Party Wall Surveyors to serve these on their behalf.
What does a Party Wall Surveyor do?
Party Wall Surveyors have 2 primary roles;
Representing the Building Owner: Notice of intended works must be served by the Building Owner. Often the Party Wall Surveyor is requested to do this on behalf of the Building Owner.
Party Wall Surveyor: If a neighbor does not consent to the works a dispute is deemed to have arisen. Party Wall Surveyors are appointed and will ensure the interests of both parties are impartially protected under the Act.
The Party Wall Surveyor is a Statutory Appointment (this means they are appointed under law and no contract is required). This also means the surveyor is not employed and cannot be dismissed. This helps the surveyor to remain impartial.
The Party Wall Surveyor will prepare a legally binding Party Wall Award which is served on both parties. This often includes a Schedule of Condition.
1 or 2 surveyors might be required dependent on the wishes of the Adjoining Owner.
The Party Wall Surveyor cannot have an interest in the works (i.e. they cannot be the Building Owner or Adjoining Owner)!
What is a Party Wall Award?
This is a carefully prepared legal document that describes:
What work will happen.
How and when it will be carried out.
What happens if any damages occur.
Who will pay for the construction work and the surveyor’s fees.
After serving a Party Structure Notice your neighbour may simply consent in writing to the proposed works.
A Party Wall Award is not needed to gain protection under the Act. Your neighbour may request a Party Wall Award at any time throughout the construction process.
A Schedule of Condition may be requested without a Party Wall Award.
The Award is a legal document and can be appealed in court within 14 days of it being served.
What is a Schedule of Condition (SoC)?
A detailed report of the current condition of the adjoining owner’s property. The SoC help’s to resolve any potential disputes relating to damage caused during construction.
The Building Owner is protected as existing defects cannot be claimed as construction damages.
The Adjoining Owner is protected as any damage caused during construction is clearly highlighted.
Who pays for the Party Wall Surveyor?
The Building Owner generally covers the costs and fees of the Party Wall Surveyor. This will also include a second surveyor (if requested by the Adjoining Owner).
Are you looking for a Party Wall Surveyor in your area?
We’re located in Streatham London, but we offer our Party Wall services throughout Greater London and the South East of England.
Bexley
Bromley
Croydon
Crystal Palace
Dulwich
Greenwich
Kingston Upon Thames
Lambeth
Lewisham
Merton
Mitcham
Southwark
Streatham
Sutton
Wandsworth
Wimbledon
