If you are a homeowner in the UK and you plan to carry out any construction work involving a shared wall or boundary with your neighbor, you will need to proceed according to the Party Wall Act. This law applies to all property owners in Wales and England, and it offers a frame of reference for averting and resolving disputes related to party walls, boundary walls, party structures, and excavations near neighboring buildings.
In this article, we examine the Party Wall Act, what it covers, and what you need to do to comply with it.
What Is a Party Wall?
A party wall is a wall standing on the land of two or more owners and which forms an integral part of a building or partitions separate buildings, such as flats. On the other hand, a party structure is a wall, floor, or other structure that separates buildings or parts of buildings with different owners, such as in terraced or semi-detached houses.
A party wall can also be a wall that stands solely on one owner’s property but demarcates buildings owned by two or more owners. In this case, the wall is not a party wall but a party fence wall.
A boundary wall is a wall that does not form part of a building and stands on the land of two or more owners, such as a garden wall.
What Does the Party Act Cover?
The Part Wall Act covers three types of construction or renovation projects:
- Building a new wall astride the boundary of a neighboring property.
- Carrying out work on an existing party wall or party structure, such as cutting into, raising, underpinning, rebuilding, or demolishing it.
- Excavating within three or six meters of a neighboring building, depending on the depth of the excavation.
If you intend to carry out any of these types of work, you must notify all adjoining owners of your intentions in writing at least two months before starting the work (or one month for excavations). You must also present work details, such as plans and designs to them when seeking their consent to ensure they are privy to what they agree to.
What Are the Rights and Responsibilities of Owners?
The Party Wall Act gives you, the property owner, and adjoining owners certain rights and responsibilities in relation to party walls and structures. We’ve illustrated a few of these below:
- You have the right to break ground on work covered by the Act, subject to obtaining consent from neighbors or following the dispute resolution process under the Act. Your neighbors also have the right to access adjoining land on your end for the purpose of carrying out projects of a similar nature, subject to notifying you.
- You are responsible for serving notice on adjoining owners before starting any work covered by the Act. Also, unless otherwise agreed, you’re to bear the total cost of any damage that may occur to neighboring property in the course of your project. You will also have to pay for all or part of the costs of appointing party wall surveyors who will appraise the site before construction.
- Neighbors can consent or dissent to any notice you serve them. They also have the right to appoint a surveyor to act on their behalf and agree on an award with your surveyor. A Party Wall Award is the final documentation in the party wall process, and it ensures that the Adjoining owner is adequately legally protected if the works cause damage to their property.
- Adjoining owners have an obligation to act reasonably and not cause unnecessary delay or expense to your construction or renovation project. They also have the responsibility to act in good faith, allowing access to their land for you to carry out project types covered by the Act, subject to receiving notice.
How Are Disputes Resolved?
If an adjoining owner does not consent to a notice served by a building owner within 14 days, a dispute is deemed to have arisen. In this case, you both must appoint a surveyor or agree on a single surveyor to act jointly. The surveyors will then prepare an award that sets out:
- The details and conditions of the proposed work.
- The time and manner of executing the work.
- The compensation payable by either party.
- The costs of preparing the award.
The award must be served on both parties within 14 days of agreement. If the terms are not suitable to all, either party has the freedom to appeal against the award in court within 14 days of being served.
Conclusion
The Party Wall Act is a beacon of hope in a real estate landscape often plagued by avoidable strife. By embracing its tenets and respecting neighbors’ rights, property owners can preserve the delicate balance between individual interests and communal harmony. To achieve this without complications or entanglements, you’ll require the expert service of a party wall surveyor. If your property is situated within a certain region and you’re seeking information tailored to your specific party wall requirements, you might consider conducting a search on Google using a phrase such as “party wall surveyor Wimbledon” to uncover more comprehensive details.
