PARTY WALL FAQs
Read on for a breakdown of what's involved in the Party Wall etc. Act 1996 why it's needed and what you need to know.
WHAT IS THE PARTY WALL ACT?
The Party Wall Etc. Act 1996 sets out to protect property owners' interests when a project is required, while at the same time ensuring that the project can continue in a timely manner.
'The Act' requires that when an owner of a property carries out certain 'notifiable works' they inform all affected neighbours of their intention by serving the correct party wall notices.
WHAT ARE NOTIFIABLE WORKS?
BUILDING ON THE LINE OF JUNCTION
When a building owner wants to build a new wall (separately or as part of an extension) on (or touching) the line of junction, or boundary.
These works are covered by Section 1 of the Party Wall Etc. Act 1996.
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WORKS TO THE PARTY WALL
When a building owner wants to carry out work which affects a party wall. This might include cutting into, demolishing, repairing or thickening a party wall for works such as loft conversions, space reconfigurations or house extensions.
These works are covered by Section 2 of the Party Wall Etc. Act 1996.
NEARBY EXCAVATION
When a building owner wants to excavate and build a structure within either three or six metres of the neighbouring property. This might be for foundations for another building or house extension.
These works are covered by Section 6 of the Party Wall Etc. Act 1996.
SOME FREQUENTLY ASKED QUESTIONS
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CAN I START WITHOUT A PARTY WALL AWARD?
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You can’t start any of the notifiable works without a consent from your neighbour or until a Party Wall Award has been served. However, you may be able to do some works related to the project which have been approved by planning approval for example. Lots of people serve the notices and even get an award in place before planning is approved to save time.
WHO WILL PAY THE FEES?
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Most of the time, the Surveyors fees are covered by the Building Owner. The cost of two different surveyors will usually be higher than that of an Agreed Surveyor. It is worth knowing that the time to agree the Party Wall Award might also be longer.
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CAN I JUST SERVE MY OWN PARTY WALL NOTICE?
Yes, you are able to produce and serve your own notices… But if they are served incorrectly they are invalid, and you will need to start all over again which could delay the start of your project. Having this done early on by a Party Wall Surveyor will deal with this potential risk.
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WHEN DO I NEED TO NOTIFY MY NEIGHBOURS?
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Timing is really important, so reviewing your project with a Party Wall Surveyor to run through your project and check if any elements will require serving notice removes stress from the project early on, allowing you to concentrate on the rest of the job. We would recommend getting in touch as soon as a planning application has been submitted, if you intend to begin works promptly.
CAN MY NEIGHBOUR STOP MY PROJECT?
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Your neighbour can’t stop you carrying out the project by not responding within the required timeframe. If this happens then the Act allows you to appoint another Surveyor on their behalf so that a Party Wall Award can be served. You can’t have an Agreed Surveyor in this scenario.
WHAT ARE THE RISKS IF I DON’T SERVE A NOTICE?
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It is illegal to begin any notifiable works without a notice. Your neighbour has the right to serve an injunction and stop the work.
If you have done some work which might hinder your neighbour’s ability to have a project of their own, without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. You will have to cover the cost for undoing this work and any related design fees.
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For any other questions you may be wondering? please do get in touch