Party Wall Act Questions
Please see below some of the most common questions asked of the London and Essex Party Wall Surveyor team:
Definitions
A party wall stands on the land of more than one owner of land (to a greater extent than only foundations) and serves to separate different owners.
Party wall surveyors agree the timing and manner of the works between neighbours within the remit of the Act. Once instructed, party wall surveyors review proposals, verify legal ownership of titles and serve the relevant Notices. If there is a dispute, they can make an Award. If there is damage to Adjoining properties, they can also step in to award compensation.
Any owner potentially affected by the works undertaken by the Building Owner. They need to have a legal interest for longer than 1 year (i.e. a long leaseholder) or be a freeholder.
The person intending to carry out building works and who holds a legal interest in the property.
This is a statue which covers certain works relating to party walls, party fence walls, party structures and excavation up to a distance in respect of the adjoining owner’s structure.
This is a written document identifying the works that would fall within the scope of the legislation (Party Wall Act) for affected owners. It is served on your neighbours if they may be affected by the works, informing them of the nature of the project and when it will be carried out.
You would typically have to serve notice if you excavate within 3-6 metres of an adjoining owner’s property (section 6), build a wall up to or astride the legal boundary (section 1) or do any work on an existing party wall (section 3).
It is consent in writing from the Adjoining Owner or a party wall Award (the correct term is “Award”).
Party Wall Awards are a legal document which set out the timing and method of proposed party wall works at a property. Party Wall Awards are necessary when an Adjoining Owner dissents to the Notice(s) they have been served, at which stage party wall Surveyors step in on the dispute resolution process. Occasionally, only one “Agreed Surveyor” will take care of both of Owners and draw up the Award.
A “party fence wall” is a dividing fence of masonry construction designed to separate lands of different ownership, and that it stands astride the legal boundary.
An example of a party fence wall is a brick wall that divides the gardens of two properties. Both Owners tend to be responsible for the upkeep, maintenance and repair of this wall, and so the Act gives both Owners certain rights for works to this wall.
Therefore party fence walls are covered within the Act and when you intend to carry out certain works to a party fence wall you are required to serve a Notice on the Adjoining Owners. As with party walls and party structures, when a Notice has been served the processes as set out within the Act need to be followed before works can commence. A timber fence is not usually treated as a “party fence wall”.
Works
Excavating within 3-6 metres of an adjoining owner’s property (section 6), building a wall up to or astride the legal boundary (section 1) or doing any work on an existing party wall (section 3).
It will depend on what the garden walls are constructed of, what you intend to do, and how close to the garden walls any excavations are proposed. The garden walls may be in single legal ownership or astride the boundary between two or more properties, which will also affect the application of the Act.
Any works to a shared garden wall (built astride the boundary) will form part of the party wall process. If you are building a wall up to the boundary, then you will need to serve notice. If you wish to place a wall astride the boundary, then you will need consent from the neighbour, as you are using their land.
No, as the Party Wall Act is primarily concerned with what works are carried out, how and when. The matter of legal boundaries would have to be agreed between the owner or a court of law. You may therefore need a Boundary Dispute surveyor.
Legal Process
A 10-day notice is served which will remind them of their options. If a response is still not forthcoming, then a party wall Surveyor can be appointed to act on their behalf.
After 14 days of serving Notice and written consent has not been received, then a dispute is deemed to have arisen. So, surveyors will need to be appointed as required by the Act.
No, because the Party Wall Act is facilitative. It effectively contains dispute resolution procedures to get the project underway. An adjoining owner can “dissent” to a Notice, but this does not prevent the Award from being agreed, as the surveyors have a duty to get this drawn up.
Ordinarily, yes, if you are excavating within 3-6m of your neighbour’s foundations or are building up to the legal boundary.
If you are doing any work to a party wall, then you will need to serve notice. Consent is not necessarily required; just that the surveyor(s) agree via Award that the works are within the remit of the Act and may proceed.
Anyone who is party to the dispute can not be a party wall surveyor and can therefore not make their own award. Appointment under the Act must be independent and impartial.
This is always advisable, but your solicitor would typically tell you to consult a party wall surveyor for the relevant matters, as it is the party wall surveyors who would need to be appointed in the event of a dispute and serve an Award.
Only if the dispute is ongoing. If neighbours decide to consent at any stage during the process, then an award will not be necessary. Otherwise, an Award legally needs to be signed and served on the owners by the party wall surveyors.
Not if it is already signed and served. Party wall surveyors can, however, produce an addendum award. This supplements the original Award and is typically made if the design or scope of work need updating.
Timescale
Awards require the works to commence within 12 months of signing, ordinarily.
Usually if works are not commenced within 12 months of the date of the Award or if there is a change of ownership (i.e. there is a new building owner or adjoining owner).
Costs
The Building Owner ordinarily pays for all costs related to the party wall process, unless the adjoining owner requires the builder to do some work for them which is not necessary for the Building Owner to undertake.
Also, there may be repair liability for a party wall and those costs would be split between owners, including the surveyor fees.
Every surveyor has their own fee rate and so, if you are a Building Owner, you should probably find out in advance of instructing them so you can budget for the project.
