PARTY WALL ISSUES

As a simplification, where a wall or a fence is constructed on the boundary line, or is shared by two adjacent occupiers, then under the Party Wall etc., Act 1996 this is generally classified as a party wall. This can also apply to floor/ceiling structures where they divide two occupiers. Such a "wall" is not owned 50/50, but jointly by the two adjacent parties and works can be carried out to the wall for the benefit of one owner, providing no damage is caused to the adjoining owner's wall. Please contact us to discuss if the "wall" is covered by the Act.

If work is carried out below the level of the foundations of the Adjoining Owner then, depending on the distance and depth of these foundations, the work is also covered by the Act.

If a wall is to be constructed alongside but not across the boundary line then, depending on the details, further Notices should be served under the Act. This naturally raises questions as to the agreed or legal boundary line.

The Party Wall etc Act 1996 applies throughout England and Wales and extends that in force since 1939 in Inner London.

The act covers:

• New Building works at or astride the boundary between two properties.
• Structural work affecting an existing shared/party wall, including repairs, alterations, extending or reducing the wall, cutting in to the wall and underpinning.
• Excavating, or constructing foundations within three metres of a neighbour's building where the new foundations will go deeper than the neighbour's.
• Excavating, or constructing foundations within six metres of a neighbour's building where the new foundations will cut a line drawn downwards at 45 degrees from the bottom of the neighbour's foundations.

If you are the owner proposing to have any of the above works carried out, you must find out whether the works are governed by the Act. If so, you must serve statutory notice (one or two months depending upon the works) on the adjoining owners and get agreement to the works, before you start.

If your neighbours do not agree in writing, the preferred solution would be to appoint one surveyor to draw up a Party Wall Award. This surveyor should be independent and should not be involved in the design or specification of the works. If you cannot agree a surveyor, then each side should appoint their own surveyor. The Party Wall Award will set out what can and can't be done in accordance with the Act.

If you are the adjoining owner and receive a Party Wall Notice, you may agree to the proposed works if you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or ignore the notice, then you can agree to a single surveyor being appointed. Alternatively, particularly if you are concerned by the nature of the works, you may appoint your own surveyor and the Building Owner will be responsible for his reasonable fees.

An Award is prepared by the surveyor(s) to confirm the state of the wall and to regulate the terms of the proposed works.

A Schedule of Condition of those sections of your property adjacent or likely to be affected by the works will be prepared (in case any damage is caused) and this is included within the Party Wall Award.

The benefit of such an Award is that the condition of the adjoining owner's wall is recorded before work starts and this reduces the probability of an expensive legal battle as to the scope, or even existence, of damage caused the works carried out. This is of benefit to both Owners.

The Owner who is carrying out the works normally pays the fees of the surveyors. Fees for such services vary according to the nature and extent of the works.

If a dispute occurs in connection with work away from the Party Wall, or not within the scope of the Award, we can assist, but it will be the basis of a separate instruction and the fees may not be recoverable from the Building Owner.

Please contact us to discuss any points or services we can provide.