Introduction

Despite it having been with us for over 10 years now there remains much confusion over the Party Wall Act. Most people have a fair idea what a Party Wall is but few realise the wide range of work that comes within the scope of the Act, or the procedures which must be followed by a building owner planning alterations to their property.

The most common misconception is that the Act only applies directly to a Party Wall. In fact there is a whole section of the Act that deals with excavations close to Party Walls and another which covers new walls built up to or astride the boundary. Let’s take a look first at what the Act calls ‘Adjacent Excavations’.

Adjacent excavations

If you plan to excavate within 3 metres of your neighbour’s property, and to a depth greater than the base of their foundations, that neighbour should be served with a notice under the Act.

As the typical depth of foundations has increased through the decades, this particular notice is very common. This part of the Act typically applies in situations where an extension is to be added to a property in a fairly built up area.

• Notice period is 1 month.

New walls

New walls astride, or adjacent to, a boundary line also fall under the scope of the Act. If you intend to build up to the boundary you must serve notice on your neighbour giving them the opportunity to appoint a surveyor.

In contrast to notices for excavation work, if they do not respond within the 1 month notice period you are free to commence work. You also have the right to place your foundations on your neighbour’s side of the boundary as long as they are not reinforced.

A new wall astride the boundary will require you neighbour’s written consent within 14 days of them receiving your notice and if that consent is not forthcoming you must keep the wall on your own land.

• Notice period is 1 month.

Alterations to existing party walls

Alterations to existing Party Walls will also require notice and in these situations the notice period is longer at 2 months. Work which is typically covered by this section of the Act includes the insertion of beams or flashings in to the party wall or the removal of a chimney breast.

• Notice period is 2 months.

Party wall procedure

So what is the procedure if you are planning work which falls within the scope of the Act? You or your surveyor should serve the appropriate Party Wall Notice as early as possible to avoid the start of the works being delayed.

Upon receipt of the notice your neighbour will have 3 choices:

• To consent to the works – If they decide to consent then there is no need for either party to appoint a surveyor.
• To dissent and appoint a surveyor – this will be a surveyor of their choice although the Building Owners will be responsible for their ‘reasonable fee’.
• To dissent and concur in the Building Owner’s choice of surveyor – this would be the cheaper of the later two options as only one surveyor will need to be paid.

Neighbours should not have any reservations in agreeing to use a single surveyor as that surveyor’s primary duty is to ensure that matters proceed in accordance with the Act. To reinforce this point the surveyor no longer has ‘clients’ once a dispute has arisen but rather ‘appointing owners’.

If your neighbour does not reply to the initial notice (a common occurrence) a follow-up letter giving them a further 10 days must be sent. It should state that if they do not appoint a surveyor within that additional period you will appoint one on their behalf. If you are forced to make an appointment for them the ‘agreed surveyor’ option is no longer available.

Once surveyors are appointed they will get on with preparing a document known as a Party Wall Award. This is a legal document which sets out the rights and responsibilities of the respective owners.

The Award will include provisions for working hours, access, how damage to the neighbour’s property is rectified and a brief description of the works. It will also contain a schedule of condition of the neighbour’s property, recording any existing defects, and a set of drawings.

When all points have been agreed between the surveyors, the awards are served upon the owners. If either owner is unhappy with how the award has been prepared they can appeal to the County Court within 14 days - although instances of this are rare.

Technically work should not commence until the appeal period has passed although in practise it often does.

Additional resources

My property guide offers a useful tool to produce party wall notices for homeowners. The notices produced are in line with those suggested in the Government Explanatory Booklet. By following the simple instructions one can generate a valid notice and acknowledgment, which can be printed off and sent to the respective neighbour(s).

• My property guide notice generator

Websites such as partywalladvice.com allow homeowners to publish and answer party wall related queries, which can prove an invaluable additional source of information specific to your own issue.

Article by Justin Burns MRICS of Peter Barry Party Wall Act Consultants

Further information and useful links

• Making structural changes to your property
• Regulations & permissions for extensions
• Adding an extension to your property
• More building works topics

• Find a Chartered Surveyor near you
• Find an Architect near you