Whenever you want to carry out building works that are going to affect neighbours, there are a set of rules that are defined in the Party Wall etc. Act 1996 that you must adhere to. One of the most important of these is serving notice to any adjoining owner. This must be done long before you intend to start any work and if you can obtain their agreement for the works to be done. Where there is a dispute or the adjoining neighbours dissent to putting their consent in writing then a dispute is said to have arisen and you will then have to engage a party wall surveyor.
You must tell your neighbour about the work that you plan to undertake (which is covered under the Party Wall etc. Act 1996) before you actually start building works. This is the case, for example, if you were planning to build on or at the boundary line of your two properties, renovation work to certain parts of a party wall or the insertion of a damp proof course, or if you were planning to excavate within 3 or 6 metres of a neighbouring structure and excavate to a lower level than the bottom of the foundations of a neighbouring structure. If any of the aforementioned apply, you would serve notice under the Act.
To serve a party wall notice you must notify your neighbour(s) in writing of your intention to undertake works which are covered by the Act. A valid Notice could include a number of items. You can draft and serve a Notice yourself if you are an ‘Owner’ wishing to carry out works under the Act, however the majority of Owners will ask a Party Wall Surveyor to do so. If you are carrying out minor works to a party wall such as replacing electrical work (e.g. wires within chased or conduit from existing switch or socket positions and/or putting up shelves), then you will not need to inform the adjoining owner.
A Party Wall Award is a legally binding document made between two Owners where one Owner is proposing to carry out works under the Party Wall etc. Act 1996. It is designed to reduce the possibility of dispute and allow for resolution of objections. The Party Wall Award will detail the rights and responsibilities of both sets of Owners.
In certain situations, if the neighbour (adjoining owner) wants a variation on what has been proposed in the party wall notice, then they will serve a counter-notice. The adjoining owner would expect to cover the cost of the extra work required in most cases. They may also be required to provide access onto the party structure on their side of the property. An example might include repairing their side of the chimney stack.
There are strict time limits when it comes to party wall agreements. You have to let the owner of the adjoining property know at least 2 months before you want to start on a party wall or structure, but only 1 month in the case of excavating or building a wall.
Once the Adjoining Owner has received your party wall notice, then they have 14 calendar days to respond. If your neighbour doesn’t respond, then they are served with another notice giving them an extra 10 days to respond, otherwise a party wall surveyor will be appointed on their behalf. If they dissent to the works, then both the Building Owner and Adjoining Owner will need to appoint a party wall surveyor.
Party Wall can take months, because the surveyors need to review the works, conduct a schedule of condition and then make an award. Delays may occur if the works are contentious or they keep changing. So, it is best for the Building Owner to have accurate plans which are compliant from the start.
It is sometimes the case that the Adjoining Owner does not respond. This does not mean consent. In fact, according to the way in which the Party Wall Act is worded, the Adjoining Owner has dissented if they do not reply and will therefore need to appoint a surveyor. An additional reminder letter is usually sent to the Adjoining Owner at this stage. The Adjoining Owners then have 10 days to respond and either appoint their own surveyor, or have a Party Wall Surveyor appointed for them. In most cases, this dispute resolution should proceed fairly smoothly, but it is important to make sure that all of your documentation is completed correctly and that you have a record of what was sent and when.
A ‘party wall ‘award is a legal document which describes the works, how and when they should be carried out, how much is to be paid in fees to the surveyors, who should pay, etc. It carries legal weight in a court if ever there are legal proceedings due to the award being appealed or there being serious problems with the project.
It is not uncommon to see that neighbours refuse to grant consent for the Party Wall Agreement. Yes, there are many possible replies to a Party Wall Notice. However, they can not obstruct the rights of a Building Owner carrying out works as permitted under the Act. This is why party wall surveyors are appointed: to resolve disputes and make an award, which is generally inevitable, given the fact that the Party Wall Act is an enabling Act.
The other owners could agree to the works and, subject to certain matters, it could be signed off so that you may get on your way. It is just possible that some Adjoining Owners might consent but subject to the Building Owner organising a Schedule of Condition on the Adjoining Owner’s property. This is to ‘protect’ both sets of Owner’s interests and prove or disprove any claim for damages.
If no agreement between neighbours can be reached, the next stage is to appoint an agreed surveyor or appoint a surveyor each to act for both you and next door. The principle of the Act is that party wall surveying is carried out independently and impartially, as their appointment is statutory.
Yes, but a schedule of condition is not mandatory to the Party Wall award. It is in everyone’s interest for the surveyor(s) to visit the Adjoining Owner’s property and make detailed notes of its condition. If there is any existing damage, it will also be recorded (with photographs).
One easy way to make your party wall agreement run more smoothly is to have good rapport with your neighbour(s). You might want to consider accommodating any reasonable design changes that they might have. It doesn’t have to be a complicated and drawn-out affair but good communication is key.
Finally, when work starts, it is important to adhere to the details of any Party Wall agreement such as design changes and/or work that has been correctly notified.
No. Delays can arise due to either the Building Owner or Adjoining Owner, however. For instance, the Building Owner may revise their plans (too often) or they may carry out works in violation of what is permitted under the Act or they cause damage to the Adjoining Owner’s property. The Adjoining Owner, on the other hand, may contest the details of the works and make demands, which their surveyor would have to negotiate. The aforementioned aspects can add to the complexity of the job and cause the party wall process to drag on.
The conveyancing solicitors may need to see the party wall award covering any works that were undertaken in order to be satisfied that there will not be a future dispute and that everything has already been covered off.
Party Wall dispute resolution will depend on the nature of the dispute. If it is a matter that relates to some parts of the building work that can be altered, you may be able to negotiate a settlement and agreeing this in writing without the need for Party Wall surveyors to be appointed. However, formal notice needs to be served for consent to be obtained, which is why it is best to have an experienced London party wall surveyor do this for you to its validity.
If there are any further unresolved issues which you feel are likely to affect the works, then you should consult your Party Wall Surveyor. Just because the adjoining owner is disputing your proposal does not mean it is the end. Party wall surveyors will make an award to enforce your rights under the Act.
If you and your neighbour can agree on one Party Wall surveyor to act for both of you, you can appoint a Party Wall Agreed Surveyor. In some cases, however, where no response is received to a Party Wall Notice and the relevant follow-up letters, each owner can appoint their own surveyor.
