Firstly, without boring you with the detail, let me provide you with a brief background. The Party Wall Act (The Act) once we know it today was effectively born from the London Building Acts (LBA). As you will appreciate London has a large numbers of properties which are constructed near each other, and neighbourly disputes were slowing down the construction process. The LBA introduced measures to make it easier for developers and property owners to carry out work along boundary lines and decrease the degree of disputes by setting out specific obligations on both parties. The LBA was used successfully in London for many years until finally in 1996 it had been decided to revamp the act and roll it out nationwide by means of The Party Wall Act 1996.
The Act is far reaching and comes into play more than you'll think. But you're not alone unless you know much about it. Many builders I understand either don't know about it, or worse ignore it. Professionals aren't immune either.
You're probably interested in this article because you're going to perform a construction project, or possibly your neighbour is. It might be a small extension or loft conversion, or something on a more substantial scale. The act doesn't consider size it only works on principal. The original aspect is of course to determine whether the act is applicable to begin with. If you are in virtually any doubt it is always advisable to seek expert advice and in many instances the position is not black and white. In crude terms however, a celebration wall is a structure shared by two neighbours which would include boundary walls or fences and also the walls to a building. Perhaps in this regard the title of the act is a little misleading and much more than this, it could also be applicable in the event that you propose to construct a wall or building on land where no wall or physical boundary currently exists.
In today's environment where most properties are in close proximity to one another it is usually the case that the act can be applicable during any construction project which involves digging foundations near to a boundary line. It could also be applicable for loft conversions or building refurbishments where the party wall is not being altered, but support is necessary from the wall for steel supports or suspended timber floors or ceilings etc. In conjunction, it may come into play for work that you'll feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.
As you should have deduced the act is far ranging and is generally applicable when you carry out construction work near to neighbouring buildings / land. My advice is always to consult with a surveyor who has party wall experience when you are unsure. Most surveyors would be willing to give some free advice on the phone and if the project is local to them, you will often discover that they will provide you with a free stop by at assess your particular project in the hope that, if the act is applicable you'll appoint them to undertake the role for you personally. Certainly in my own professional experience as a chartered building surveyor I give free advice on a normal basis in the hope that it'll result in an instruction. You can find surveyors who will charge regardless but the key, as always is to agree a scope of service and any fee in advance to avoid confusion. Then you know predicament.
After you have deduced that the wall / structure is a party wall it is advisable to determine whether the act is applicable to the work being completed. The Act is approximately 15 pages in length and split into 22 sections with various sub-sections. It is not therefore a lengthy document and many of the sections include interpretations and explanation meaning that the most relevant sections are even more condensed. There's however two main sections which apply most commonly and the house owner will be advised to understand;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a celebration wall at the mercy of serving the appropriate notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a celebration structure or party fence wall" and also "to cut right into a party structure for any purpose (which may be or include the purpose of inserting a damp proof course). The entire list is defined out in the act and covers most work, other than very superficial, which could possibly be carried out to a wall. Under most circumstances where any work has been carried out right to a shared wall, it will be expected that the act should come into play, although there are exceptions and you will be advised to take advice.
Right of Light Consultants Southborough that is likely to be most applicable is Section 6: Adjacent excavation and construction. Once again the technicalities are lay out in the act but could be bewildering. In essence however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall may be a garden wall or fence) the act may be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. Should you be excavating within 3 metres the act is probably applicable.
After you have determined that; a) the wall is a party wall and b) based on the scope of work or proximity of excavation the terms of the act are applicable, it will be necessary to follow the procedures set down within the act to be able to protect your position.
The first procedure is to serve notice on the adjoining owner to see them of the work being carried out. There is no requirement to appoint a surveyor to serve these notices for you and sample templates can be found online to download from various sources if you want to do it yourself. But should you choose propose to serve notice yourself, be mindful of the fact that as with all things where may very well not have sufficient knowledge, the repercussions to getting it wrong might have legal ramifications. With this basis it really is normally advised that you seek professional help. The notices, when served will be different depending upon if the work falls under section 2, section 6 or both (there are other sections but as these are less commonly applicable I've not included commentary on this page), as too is definitely the length of time applicable between your notice being served and work commencing. The notice under section 2 provides 8 weeks notice and the notice under section 6 will provide one month following which work can commence given that everything is to be able in terms of the act. Once more there are numerous ramifications relating to adjoining owner dissent, non response to notices or sheer bloody mindedness but I'll leave these for another day, or for your party wall surveyor to advise you upon. Or you may find that the adjoining owner just consents to the task in which case you can start earlier by mutual consent!
Even if the adjoining owner does consent then I would advise a schedule of condition prepare yourself on the wall to make sure that you have a record of any cracks or defects before you begin work. You would be amazed at how many times a neighbour spots cracks after work has been carried out, that were actually there before!
If nevertheless the adjoining owner dissents to the work and appoints their own surveyor, as they are entitled to do under the act, then you will also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these situations, unless you really know what you are doing you should get help. It's worth noting however, that when your neighbour does appoint a surveyor then as building owner you are likely to be liable for their fees.
The Act is really a fully established act of parliament and as such is law. Ignoring the Act is common place (often through insufficient awareness) but technically the perpetrator is then breaking regulations. I could get into detail concerning the implications of deliberately failing to serve notice but if you're a building owner reading this article then you are clearly already aware of the act and concerned that the process is correctly followed. Should you be on the other side, where a neighbour have not served notice you, there is recourse nevertheless, you should seek expert advice. It is also worth noting that ignorance is not any defence when it comes to the law.
It is often believed that the act is merely designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is an industry built round the act and professionals do charge for his or her services, but there is enough competition to ensure fees remain reasonable. It is in fact an enabling act that means that the positions of both parties are protected and much more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act can often save fees where there was once a prospect of litigation and dispute.
Despite this, it is common for projects to be undertaken satisfactorily without serving notice but this can be a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around a finish of terrace house in London and shows the implications of the act on standard houses and therefore general home owners, not only large scale developments. Mr Sadiq (building owner) completed building work without serving notice under the act. This work subsequently caused harm to the neighbouring property and he was forced to create good this damage by the court beneath the terms of the act. That is standard procedure and even if he previously served the correct notices then he would still have already been responsible for this cost, but more importantly with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) because it felt that Mr Sadiq's failure to observe the act negated any benefits of defence he might gain from the terms of the act and therefore special damages were allowed. In this instance the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house because of the defects and they were even awarded charges for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the right procedures and served the appropriate notices then these substantial additional costs would not have been incurred. He would only have been responsible for the cost of putting right the damage, not the additional costs. This example is in no way common place but does head to shown the potential implications of not following the correct procedures. What appears like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have been warned!
This brief article is targeted at giving a layman's view of the act for information purposes as opposed to a full technical assessment. You need to seek expert advice if carrying out any work to, or in close proximity to neighbouring land or property. It will also be noted that the act does not have any bearing on any legislation, such as the requirement of planning permission or building regulation approval etc which are completely separate entities.