Building Owners
Read this if you need to serve a Party Wall Notice, or if you’re not too sure whether a notice is needed.
Adjoining Owners
What is the Party Wall Act?
Whether you or your adjoining owner’s are planning building works such as a rear extension a loft conversion, reconfiguring the internal layouts, excavating a basement or carrying out works to a shared wall, there’s a strong possibility that these works may fall under the Party Wall etc. Act 1996.
Simply put, the Party Wall Act is relevant to England and Wales and is designed to facilitate building works while protecting adjoining properties from damage and occupants from unnecessary inconveniences. The Act provides a legal framework for resolving disputes relating to ‘notifiable’ works.
Where works are notifiable under the Act, it is the building owner’s responsibility (the party undertaking the works) to serve a party wall notice and obtain their neighbour’s (adjoining owner’s) consent. If the adjoining owner doesn’t grant consent, the parties are considered to be in ‘dispute’ under the Act. Each party must then appoint a party wall surveyor to resolve the dispute in the form of a Party Wall Award.
Need help with a Party Wall Notice?
Let’s get started.
Works covered: 1 – New boundary walls
Where a wall is being built up the boundary, but not beyond it, this is notifiable under Section 1(5) of the Act and does not require the adjoining owner’s consent. In this instance it is critical that all elements of the wall such as gutters and window sills remain up to the boundary.
Where there is a requirement to build a wall astride the boundary, this is notifiable under Section 1(2) of the Act, but requires the adjoining owner’s express consent. While many adjoining owners will immediately rule this out, this can be very advantageous for both owners, especially in areas such as Central London where space is limited. By permitting a building owner to build astride the boundary, they will benefit from a larger extension, and the adjoining owner retains the right to make use of the new wall in the future should they wish to build their own extension (subject to paying an enclosure cost).
Works covered: 2 – Works to a party structure
Section 2 notices cover works to a party structure (including party walls and party fence walls). Some of the most notifiable elements of this section are set out below:
- 2(2)(a): To underpin a party wall, or raise a party wall. For example, underpinning a party wall to facilitate a basement or address structural problems, or to raise the height of a party wall to allow for a larger loft conversion.
- 2(2)(f): To cut into a party wall, commonly for the insertion of steel beams as part of a loft conversion, or for lead flashing as part of roofing works.
- 2(2)(g): To cut away from a party wall, such as a chimney breast or projecting walls.
- 2(2)(l): To raise, or demolish and rebuild a party fence wall.
Works covered: 3 – Adjacent excavation
This notice applies where excavations are being carried out within 3 meters of a neighboring property, including any shared walls, and if these excavations are going to be a greater depth than the base of the foundations to that property. Given the age of our housing stock in the UK, this is quite common as modern foundations are considerably deeper than those of period properties for example.
The Party Wall Process
There are many components to the Party Wall Act, but we’ve simplified the process for you below:
Serve Party Wall Notice
This is the very first step.
If you need to serve a notice under the Party Wall Act, you likely need to serve a Section 1, Section 2 or Section 6 notice as detailed above. While you can certainly serve these yourself, we generally recommend that this is carried out by an experienced party wall surveyor. It’s also worth considering that Section 2 notices have a notice period of 2 months, whereas Section 1 and Section 6 notices carry a 1 month notice period.
Respond to Party Wall Notice
Adjoining owners have 14 days to respond to a party wall notice once they have received it. Failing a response, a further notice should be sent to them allowing a further 10 days to respond.
The four different response options for an adjoining owner are as follows:
Undertake a Schedule of Condition
A Schedule of Condition records the condition of an adjoining owner’s property before the works start. This is in the form of images and a written report, focusing on areas of the property which could be affected by the notifiable works. This is undertaken by the relevant surveyors.
Agree the Party Wall Award
Once the Schedule of Condition has been completed, the next step is to agree the party wall award. The party wall award resolves the disputes that arose when the party wall notice was dissented to and details the time and manner in which the works should be undertaken, and how damage should be resolved. Appended to the party wall award will be any architectural and structural drawings relevant to the notifiable works.
Serve the Party Wall Award
The agreed party wall award is served on both owners (building owner and adjoining owner) once ready. The building owner can then commence the works, subject to the statutory notice periods being waived.
Final inspection on completion of the notifiable works
High risk building works sometimes result in provisions within the party wall award for the adjoining owner’s surveyor to inspect their property again on completion of the works. This is to see if there are any changes from the Schedule of Condition. If damage has occurred, the adjoining owner can permit the building owner’s contractor to make good the damage, or request a payment in lieu of repair and instruct their own contractor.
What Happens Next
Consent to the works
By consenting to a party wall notice, there is no further involvement by a party wall surveyor and works can proceed when the statutory notice period has expired, or has been waived by the adjoining owner.
Consent and request a Schedule of Condition
While a Schedule of Condition is not referenced in the Act, we always include this option in a party wall notice. A Schedule of Condition records the existing condition of the adjoining owner’s property ahead of undertaking the works. This can prove to be very beneficial in the event that damage is caused by the works. More on this later.
Dissent and agree to the use of an Agreed Surveyor
In this scenario, an adjoining owner can agree to the appointment of a single surveyor who will act on behalf of the building owner and adjoining owner to resolve the dispute on an impartial basis. We generally recommend this option for works which are relatively straightforward.
Dissent and appoint their own surveyor
Selecting this option means an adjoining owner appoints their own surveyor who works with the building owner’s surveyor to resolve any disputes. This is usually the preferred option for complex works such as basement extensions and other extensive works.
★★★★★
Need help with a Party Wall Notice?
Let’s get started.
Over 90% of people make this mistake with notices.
What to do if your neighbour doesn’t respond to a notice.