Here are some of the questions we are most often asked, both throughout the process and following the service of a Notice under the Party Wall etc. Act 1996.
When Does the Party Wall Act Impact Your Building Work?
Exploring the Three Types of Work Governed by the Party Wall etc. Act 1996
- Changing a Party Wall or Joint Structure
- Carrying Out Construction Work on Property Boundaries
- Excavating Close to Party Structures on Adjacent Properties
Examples of building work that fall under the Party Wall Act include cutting into the walls of a terraced house for loft supports, constructing an extension too close to the property boundary, or excavating near a neighbouring structure for conservatory foundations.
What’s Involved in a Party Wall Application?
When the Party Wall Act covers your building project, you are required to notify your neighbours in writing at least 2 months before the work begins. Following their agreement, you can move forward with the project. The Act specifies the exact information that must be included in the Party Wall Notice and how it should be properly drafted and delivered. The Notice must be in writing, and it is the responsibility of the building owner or their party wall surveyor to serve it.
The type of party wall application required will depend on the specific building works you plan to undertake. Some of the main types are:
- Section 1 Notice – applicable when building directly on the property boundary.
- Section 4 Notice – for projects that involve alterations to an existing party wall.
- Section 6 Notice – for excavation work within three meters of the boundary, extending deeper than the foundations of the adjacent building.
A Party Wall Notice must include enough information and description of the planned work so that your neighbours can understand exactly what you intend to do and the potential impact on their property. Furthermore, every notice must:
- Provide the full address and the names and signatures of all building owners.
- The Notice must contain the date it was sent, either by post or hand delivery.
- The Notice should be served on all relevant neighbours (adjoining owners), including freeholders, leaseholders, tenants, and other occupants of the property.
Party wall surveyors typically recommend including detailed drawings to clarify the proposed work. Section 6 Notices require specific plans and sections that depict the excavation site and its depth, along with any plans to underpin or strengthen the foundations of the adjacent building, where necessary.
Why You Should Hire a Party Wall Surveyor.
As a building owner planning works that fall within the scope of party wall legislation, there are key stages where professional expertise is essential. To begin with, a surveyor will guide you in drafting and serving your Party Wall Notice accurately, in full compliance with the established legal procedures.
Following this, your surveyor will prepare a Schedule of Condition for the areas of the neighbouring property that may be impacted by your proposed work. This document ensures that any damage that arises during the project can be properly identified and attributed, protecting both parties from being held accountable for pre-existing or unrelated damages.
At the final stage, a surveyor will be tasked with negotiating the Party Wall Award between you and the adjoining owner(s). This agreement will outline the key aspects of your project, such as work schedules, access to the site, and any safety measures needed to protect both property and individuals throughout the construction period.
What’s Included in a Party Wall Agreement?
The contents of a party wall agreement typically consist of:
- The guidelines for how the construction work should unfold are set out in the Party Wall Award.
- The adjoining property’s condition will be documented, potentially with photographs, in a Schedule of Condition.
- Plans and specifications for the proposed works will be provided as part of the documentation.
- Both the building owner’s and the adjoining owner’s addresses will be included.
- Details of the contractor’s insurance, specifically for public liability, are required.
- The surveyor’s details, access arrangements, and the neighbour’s surveyor costs should be outlined.
- The building owner must provide indemnity protection for the adjoining owner.
- The agreement will specify the start date for work (usually within one year) and the permissible working hours.
How to Respond if Your Neighbour Starts Building Without Informing You.
When a neighbour’s building work affects a party wall between your properties, such as the wall of your home, an outbuilding along the boundary, or a garden wall, they must obtain your formal consent before moving forward. This consent is obtained by serving a Party Wall Notice. You can find further details on how to reply to these notices here.
In cases where you have not received the legally required Party Wall Notice, your neighbour is acting illegally, and you have the right to stop their building work. To do this, you must apply for an injunction through the County Court. That said, if your claim is found to be incorrect, you will be held responsible for any legal costs. It is, therefore, crucial to get expert guidance from a qualified Party Wall surveyor before seeking an injunction.