Party Walls - Don't Sit On The Fence

Attention all property developers! Are you intending to excavate, build, demolish or alter a Party Wall? If so, then be sure to understand the requirements of the Party Wall Etc. Act 1996.

A “Party Wall” is any wall, fence or other structure that sits on or astride the boundary of a property. The definition includes a garden wall or fence or a wall that separates two properties. It can even include a floor that separates two flats. The Party Wall Act requires that if you intend to carry out work to any of these structures then you should follow the procedures set out in the Act.

If the works are only minor such as drilling into a wall, replastering or erecting shelving then the Party Wall Act will not apply. However, if you are proposing to alter a Party Wall in any other way or you are proposing to build a new one then you must first serve a notice on your neighbour at least 2 months before you intend to start work. It should describe the works that you intend to carry out and give a timescale. The notice is then valid for a year from the date it is served.

Failing to serve the relevant notice can lead to an injunction preventing works commencing.
Assuming the relevant notice is served, your neighbour must respond within 14 days. If he does not, or if he objects to the proposed works, then a dispute is assumed to have arisen. In that case then you will need to appoint an independent surveyor to deal with the dispute. You can either agree with your neighbour to jointly appoint a surveyor or you can each appoint your own surveyor. The person you appoint does not have to be a qualified surveyor but they must have a good knowledge of construction and administering the Party Wall Act.

Separately appointed surveyors will then meet to discuss the proposed works and draw up a document called a Party Wall Award. If you have agreed the appointment of a surveyor with your neighbour then he alone will draw up the Award.

Either way, the Award sets out:
 - the required work
 - how the work should be carried out
 - whether one party should make payments to the other
 - who will deal with the cost of drawing up the Award

The normal rule is that the person proposing to carry out the work, pays the neighbour’s costs.

The Award is final and binding on you and your neighbour. If you believe the Award is fundamentally wrong then you may appeal to the County Court within 14 days of the date of the Award. However, an Award will normally only be set aside or varied by the Court if the correct procedure leading to the making of the Award was not followed.

Although the legislation may appear a minefield it is a useful way of protecting the interests of all property owners. It forces you to resolve issues with your neighbour before a dispute arises and gives you the power to get access to your neighbour’s property, should the works require it. Therefore, despite what many people may think, the Party Wall Act is a useful piece of equipment in any developer’s toolkit.

Published 05/07/2007. The author of this article is Jim Gorrod