Before Building Work Begins: Party Wall considerations

Further consideration, before starting any building works, should be given to the Party Wall etc. Act 1996. This piece of legislation obligates any property owner in England and Wales wishing to undertake ‘notifiable works’ (formally known as the building owner), to serve a Party Wall Notice on their neighbour (adjoining owner). This type of work is considered to potentially cause damage to an adjoining owner’s building, and can lead to dis-agreement. So, a framework is in place in order to reach an agreement and effectively settle any disputes. It is worth noting that unlike some other legislation, there are no concessions for Listed Buildings and the Party Wall Act still applies.

Notifiable works will fall into three categories, and require a different Party Wall Notice depending on the type of work. These categories have a lot more depth to them, but in simple terms, they are described below:

1: Works to, or astride an unbuilt boundary line, such as, construction of a new wall which forms an extension or a new party fence wall for example. (Line of Junction Notice)

2: Alteration works to an existing party wall, which could be as simple as cutting in a new pad stone, or more invasive, such as demolishing and rebuilding an unsafe party wall, or even removal of a chimney breast. (Party Structure Notice)

3: Excavation works that are close to neighbouring foundations. This is typically three metres, although it can be up to six meters away in certain circumstances. (Excavation Notice)

The two main considerations here are timing and costs. Party Structure Notices need to be served no less than two months prior to starting any notifiable works on site. The Line of Junction and Excavation Notices can be served just one month prior.

An adjoining owner would have a set timeframe to return their notices with either a consented or dissented decision in relation to the proposed notifiable works. If the adjoining owner dissents, or ignores the notice, a deemed dispute will have arisen and a Party Wall Agreement would then need to be prepared by appointed party wall surveyor(s). Once agreed, this allows the notifiable works to proceed on an agreed basis and provides some protection to both property owners. It is important to allow good time to get the Party Wall Agreements in place, so that contractors are not sitting around frustrated they cannot do certain works.

With regards to costs, it is typical practice that the building owner covers the cost of their surveyor and any surveyor appointed by the adjoining owner. If you can both appoint a single ‘agreed surveyor’ this would be financially beneficial, providing of course they are competent and right for the job. It is not uncommon in the party wall industry for surveyors to get carried away with their fees and this can lead to disputes between owners and their appointed professionals. It is always recommended that you speak with your surveyor early and outline hourly rates and fee expectations to mitigate costly problems down the road.

The Party Wall Act and its processes can sometimes come across as a rather convoluted and costly mechanism, particularly when building works are simple. Nevertheless, if someone decides to ignore the Act and proceed with works, they would be opening themselves up to risk, with courts previously taking a negative view on owners that disregard their legal duties. Regardless of the Act, under common law in this country an individual would still have a responsibility to repair damage to a neighbour’s property resulting from their building works. In this situation, the developing party would have lessened their position and potentially walk away paying for damage that wasn’t caused by their building works.

When searching for a suitable party wall surveyor, this should be approached with caution. As there are no qualifications required to do party wall work, sadly over the years a number of less experienced individuals are attempting to provide this service. Yet a good understanding of the Act, knowledge of construction and traditional materials are all essential. With listed buildings in particular, the incompatibility of modern non-breathable building materials, can be problematic and need to be considered.