PARTY WALL AWARDS

If your project involves any work to be carried out on a party wall, you may need to consult a party wall surveyor. The role of the party wall surveyor is to ensure that all regulations under the Party Wall Act 1996 are adhered to, which will of course depend on the nature and complexity of the work. The Act may affect the building owner who wishes to carry out work, or the adjoining owners who receive notification under the Act of the proposed work.

Some minor works to a party wall may not necessarily require you to inform adjoining owners. However, if the planned work has the potential to cause any structural damage or to affect the strength of the wall in any way, it would be advisable to contact a qualified building professional.

Work that would be considered as minor might include:

• cutting into a party wall to repair or modify electrical recessed wiring or sockets;
• drilling into a party wall to fix shelves or pictures;
• hacking off existing plaster in order to carry out re-plastering.

The Party Wall Act provides a building owner with additional rights to carry out major work to an existing party wall. The most commonly used rights are:

• to cut into a wall to take the bearing of a beam;
• to insert a damp proof course to the full depth of the wall;
• to raise the height of the wall;
• to increase the thickness of the party wall;
• to demolish and rebuild the party wall;
• to underpin the entire thickness of a party wall;
• to protect two adjoining walls by introducing a weatherproof flashing from the higher over the lower, even if this involves cutting into an adjoining owner’s independent building.

Examples of party walls

Party wall type A

This is a party wall that stands astride the boundary of land belonging to two owners or more.

A wall is a party fence wall if it is not part of any building but stands astride the boundary line that consists of lands of different owners, i.e. garden wall, but not wooden or garden fences.

An illustration is shown in Figure 1.2.

Party wall type B

This is a party wall which stands completely on one owner’s land, but is used by an adjoining owner to separate their buildings.

This could be where one person has abutted their building against an existing wall.

An illustration is shown in Figure 1.3.

Party structure

The Act also covers party structures which are floor partitions separating buildings or parts of buildings approached by separate staircases or entrances. This

term is used in structures such as flats or multiple properties within one building.

An illustration is shown in Figure 1.4.

Requirements for major work

If you intend to carry out major works to a party wall, you are obliged to inform all adjoining owners two months or more before starting the work. If the adjoining owner is agreeable, you may be allowed to start the work. The work notice is only valid for one year, so it is important not to serve it too soon. You must inform or give notice to the adjoining owners about your intentions to cut into your own side of the wall to carry out any part of a major element of work. The Act allows for such types of work as:

• load bearing onto party walls – extensive renovation projects that are going to be carried out directly to an existing party wall or structure;
• new building at or astride the boundary line between properties;
• depending on the depth of a proposed hole or foundations, excavations within 3 or 6 metres of a neighbouring building or structure.

Reaching an agreement with the adjoining owner for your work does not remove the possible need to apply for planning permission. You will also need to keep your work to the standards and approval of the building regulations procedures. If your work falls within the Act you are legally obliged to notify adjoining owners. The type of work falling within the Act would include:

• work on an existing structure or wall that is shared with an adjoining owner;
• building a wall up to or astride the boundary with a neighbouring property;
• building a free standing wall astride the boundary with a neighbouring property;
• excavating near a neighbouring building.

Disputes

The Act provides a process for preventing and resolving disputes in relation to party walls.

Where an agreement has not been made or if there is no written consent, the Act provides for the resolution of disputes arising from these situations.

ISSUING A NOTICE

You may issue a notice to the adjoining owner in person, or by post. If the neighbouring property is empty you may address the notice to The Owner, fixing it to a conspicuous part of the premises. You are not obliged to inform the local authority of your notice.

As there is no official form for issuing a notice, you must write in person and include the following details:

• your own name and address;
• the name and address of any joint owners;
• the full address of the building where the work will be carried out;
• details of the proposed work including drawings where appropriate;
• the proposed start date (which must not be before the notice period of two months) as required under the Act;
• the date.

It should be made clear that the letter is a notice under the provisions of the Party Wall Act.

There are no enforcement procedures for failure to inform or serve a notice on an adjoining owner. It must be stressed, however, that if you did undertake work without issuing a notice, the adjoining owners have rights to stop your work through a court injunction or to seek other legal action.

Adjoining owners cannot stop anyone from exercising their rights under the Act, although they may be given opportunities to influence the methods used for the work. This could affect the timing of the proposed work.

The process for dealing with party wall issues can be long and arduous – it is therefore important to seek to reach a mutually agreeable arrangement.