Party Wall Act explained.
Posted on 18th August 2017 at 12:43
How the Party Wall Act works in practise.
I receive weekly calls from owners who are still unsure of the procedures of the Party Wall Act and what to do first. The following is a simple breakdown of how it works.
The Party Wall Act provides a statutory framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. The Party Wall etc. Act 1996 came into force throughout England and Wales on 1 July 1997 and applies to anyone who desires to carry out work described in the Act.
A Government explanatory booklet can be downloaded here.
You firstly need to determine if your works are governed by the Party etc. Wall Act 1996. You do this by either reading what the Act states yourself or taking advice from (preferably) a
party wall surveyor. Generally speaking, works governed by the Act and which are described as notifiable are works to an existing party wall/party fence wall or to an adjoining owner's building, excavation work within the distances and depths prescribed by the Act, and building on the line of junction.
Once you establish that your proposed work is notifiable work under the Act, then you should serve the relevant notice/s on the adjoining owner/s. You are known as the 'building owner'.
A section 1(2)/(5) & section 6 notice must be served at least 1 month prior to commencing work, or 2 months for work under section 2.
The adjoining owner/s then have 14 days to consent to the section 2 and/or 6 notice. Section 1(2) also requires consent (building a party wall/party fence wall on the line of junction). A section 1(5) notice does not require consent.
If they do consent, you can commence work if the adjoining owners also waives the remainder of the notice period (1 or 2 months).
If they do not consent within 14-days or they simply do not respond a dispute is 'deemed' to arise (there is no deemed dispute under section 1(5)- building a wall wholly on your own land; rather the adjoining owner would have to raise an actual dispute about the proposed work).
If a deemed dispute arises, both parties must then appoint a surveyor/s.
If the adjoining owner does not appoint a surveyor , either you or the surveyor (if they have been given authority to do so) acting for you, can appoint a surveyor for the adjoining owner having first serve the required notice requesting they do so in 10-days.
If you do end up appointing a surveyor for the adjoining owner, the surveyor that you appoint must be a different surveyor than your own. You cannot use an 'agreed' surveyor if the adjoining owner has not agreed to that.
If, however, the adjoining owner does respond within the 14 day notice period but decides not to consent i.e. dissents, they must then appoint a surveyor. In this instance they can agree with you to use an 'agreed' surveyor who will act for both parties, or they can appoint a separate surveyor to act for them independently.
Whether there is an agreed surveyor or a surveyor each, the building owner proposing the work is generally responsible for the reasonable costs of both surveyors., but not always.
The surveyor/s will then look at your proposed work and confirm that you have a right under the Party wall Act to carry it out, the time and manner of executing the work and any other matter arising out of or incidental to the dispute including the costs of making the award..
The surveyor/s will then record the process in an 'award'. An award includes the parties names, the date when notice was served, the appointed surveyors names, the rights under the Act to do the work, any conditions and general obligations etc.
Once the award is served on both parties, the building owner can commence the notifiable work.
Tagged as: Party Wall etc. Act 1996, procedures
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