Firstly, without boring you with the detail, i want to offer you 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'll appreciate London includes a large numbers of properties which are constructed in close proximity to one another, and neighbourly disputes were slowing the construction process. The LBA introduced measures to make it easier for developers and home owners to carry out work along boundary lines and decrease the level of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for quite some time until finally in 1996 it was decided to revamp the act and roll it out nationwide in the form of The Party Wall Act 1996.
The Act is far reaching and comes into play more than you'll think. But you are not alone if you don't know much about it. Many builders I understand either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably thinking about this article because you're going to carry out a construction project, or maybe your neighbour is. It could be a small extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The original aspect is needless to say to determine whether the act is applicable in the first place. If you are in any doubt it will always be advisable to seek expert advice and in most cases the position is not black and white. In crude terms however, a party wall is really a structure shared by two neighbours which would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is a little misleading and much more than this, it may also be applicable if you propose to create a wall or building on land where no wall or physical boundary currently exists.
In today's environment where most properties come in close proximity one to the other it is generally the case that the act can be applicable during any construction project which involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where in fact the party wall isn't being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In conjunction, it may come into play for work that you would feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.
As you will have deduced the act is far ranging and is generally applicable when you carry out construction work close to neighbouring buildings / land. My advice is always to consult a surveyor who has party wall experience if you are unsure. Most surveyors will be ready to give some free advice on the phone and when the project is local in their mind, you will often discover that they will give you a free stop by at assess your particular project in the hope that, if the act is applicable you'll appoint them to attempt the role for you personally. Certainly in my 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. There are surveyors who'll charge regardless however the key, as always is to agree a scope of service and any fee in advance to avoid confusion. You then know predicament.
When you have deduced that the wall / structure is a party wall it is advisable to determine whether the act does apply to the task being carried out. The Act is approximately 15 pages long and split into 22 sections with various sub-sections. Right of Light Consultants Bloomsbury isn't therefore an extended document and several of the sections include interpretations and explanation meaning that the most relevant sections are even more condensed. There is however two main sections which apply mostly and the house owner would 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" along with "to cut into a party structure for any purpose (which might be or include the reason for inserting a damp proof course). The entire list is set out in the act and covers most work, other than very superficial, that could possibly be completed to a wall. Under most circumstances where any work has been carried out right to a shared wall, it would be expected that the act will come into play, although there are exceptions and you will be advised to take advice.
The second section that is apt to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are set out in the act but can be bewildering. Essentially however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall could also be a garden wall or fence) the act could be applicable, if certain criteria associated with depth of excavation in relation to any party walls are achieved. When you are excavating within 3 metres the act is more than likely 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 can be applied, it will be essential to follow the procedures set down within the act so as to protect your position.
The first procedure is to serve notice on the adjoining owner to see them of the task being carried out. There is absolutely no requirement to appoint a surveyor to serve these notices for you personally and sample templates can be found online to download from various sources to be able 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 of getting it wrong might have legal ramifications. On this basis it is normally advised that you seek professional help. The notices, when served changes depending upon whether the work falls under section 2, section 6 or both (you can find other sections but as these are less commonly applicable I've not included commentary in the following paragraphs), as too will be the length of time applicable between the notice being served and work commencing. The notice under section 2 provides 8 weeks notice and the notice under section 6 provides a month following which work can commence as long as everything is to be able with regards to the act. Once again there are many ramifications associated with adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for a later date, or for the 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 begin earlier by mutual consent!
Even though the adjoining owner does consent i quickly 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 start work. You'd be amazed at just how many times a neighbour spots cracks after work has been completed, which were actually there before!
If however the adjoining owner dissents to the work and appoints their very own surveyor, because they are entitled to do under the act, then you will also need a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know very well what you are doing you need to 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 a fully established act of parliament and as such is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking the law. I could go into detail concerning the implications of deliberately failing woefully to serve notice but if you're a building owner reading this article then you are clearly already alert to the act and concerned that the process is correctly followed. Should you be on the other hand, where a neighbour has not served notice you, there is recourse but you should seek professional advice. It is also worth noting that ignorance is not any defence in terms of the law.
It is believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is a business built round the act and professionals do charge for their services, but there is enough competition to ensure fees remain reasonable. It is actually an enabling act that means that the positions of both parties are protected and more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act could 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 is 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 just large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused damage to the neighbouring property and he was forced to create good this damage by the court under the terms of the act. This is standard procedure and even if he had served the right notices he then would still have already been responsible for this cost, but more importantly with what we have been 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 great things about defence that he might gain from the terms of the act and for that reason special damages were allowed. In this case the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house because of the defects plus they were even awarded charges for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the right procedures and served the appropriate notices then these substantial additional costs wouldn't normally have been incurred. He'd only have been liable for the expense of putting right the damage, not the excess costs. This example is by no means common place but does head to shown the potential implications of not following correct procedures. What seems like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have already 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 should seek professional advice if carrying out any work to, or near neighbouring land or property. It should also be noted that the act does not have any bearing on any legislation, including the requirement of planning permission or building regulation approval etc which are completely separate entities.