The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes. The Act is separate from obtaining planning permission or building regulations approval.
The Act applies throughout England and Wales and is based on the tried and trusted system which existed in inner London for many years.
You are required by law to inform all adjoining owners if you are proposing to carry out work which would include the following:
JSRE Partners offer expert advice relating to party wall matters. Typically, the surveyor will draw up a document called a Party Wall Award, which authorises building work under the Act subject to stipulations to safeguard the interests of the owners of both properties. This “Award” includes a Schedule of Condition to record the condition of neighbouring properties allowing the surveyor to ascertain any damage caused after the works.
The owner carrying out the works is responsible for the cost of repairs to his neighbour’s building as well as the surveyor’s costs in most instances.
If work is undertaken without first giving notice in the required way, then the adjoining owner may seek redress through the courts. Even if you consider the work to be of a minor nature you should seek expert advice before starting.
If your neighbour is planning works that fall under the categories above and has not served a Party Wall notice on you, or has served notice and you wish to know how to respond, then you should seek expert advice immediately.
