We recently concluded matters under the Party Wall etc. Act 1996 in connection with proposed building works at a house in Roland Gardens, South Kensington, SW7.
Roland Gardens sits within the Royal Borough of Kensington and Chelsea, close to the border between South Kensington and Chelsea. The street is characterised by substantial period properties, many of which have subsequently been subdivided into flats. This part of Roland Gardens falls within the Thurloe Estate and Smith’s Charity Conservation Area, and the area’s combination of period construction, closely arranged properties and extensive refurbishment means that proposed building works can often have implications for neighbouring owners.
In this instance, the proposed works included excavations that were notifiable under Section 6 of the Party Wall etc. Act 1996.
What does Section 6 of the Party Wall Act cover?
Section 6 of the Act deals with certain excavations close to neighbouring buildings.
This can include excavation within three metres of an adjoining building where the proposed excavation will extend below the level of the Adjoining Owner’s foundations. The Act can also apply to certain deeper excavations within six metres, depending on their depth and relationship with the neighbouring building. These provisions are particularly relevant in areas such as South Kensington and Chelsea, where properties are frequently built in close proximity and works may involve lower-ground-floor extensions, basements or new foundations.
What happened when the Adjoining Owner did not respond?
The necessary Party Wall Notice had been served on the Adjoining Owner by the Building Owner, but no response was received.
Under the Party Wall etc. Act 1996, Adjoining Owners have 14 days to respond to a notice. Failing a response, a dispute is deemed to have arisen. This does not mean that the Building Owner can simply proceed with the notifiable works. Instead, the Act provides a procedure through which the dispute can be resolved and the Party Wall process progressed, even where an Adjoining Owner does not engage.
In this case, the Adjoining Owner was subsequently requested to appoint a surveyor within the statutory 10-day period. When they did not do so, a surveyor could be appointed on their behalf under Section 10(4) of the Act.
Appointment under Section 10(4)
With no response to either notice, we were appointed by the Building Owner to conclude Party Wall matters.
An appointment of this nature is not the same as acting on the instructions of the Adjoining Owner. Here, the surveyor’s role is instead to administer the provisions of the Act impartially and enable the statutory process to continue despite the lack of engagement.
Following our appointment, we notified the Adjoining Owner of our appointment and liaised with the Building Owner’s surveyor regarding the proposed works and the terms of the Party Wall Award.
Recording the condition of the neighbouring property
Ordinarily, before notifiable works commence, the surveyors will seek to record the existing condition of the relevant parts of the Adjoining Owner’s property – this is called a Schedule of Condition.
A Schedule of Condition can be particularly useful if damage is alleged following the works, as it provides a contemporaneous record against which any subsequent changes can be considered.
In this instance, internal access to the Adjoining Owner’s property had not been provided. The Schedule of Condition was therefore necessarily limited to those areas of the property that could be inspected externally, and this limitation recorded.
A lack of access does not necessarily prevent the Party Wall process from progressing, although it may limit the extent to which the pre-works condition of the adjoining property can be documented.
Agreeing the Party Wall Award
Having reviewed the relevant information and liaised with the Building Owner’s surveyor, the Party Wall Award was agreed and subsequently served on the Adjoining Owner.
The Award set out the framework within which the notifiable works could proceed and brought the outstanding Party Wall process to a conclusion.
This allowed the Building Owner to progress matters without the project being indefinitely delayed by the neighbouring owner’s failure to respond, while retaining the statutory protections afforded to both owners under the Act.
Can a neighbour stop Party Wall matters by not responding?
A common concern for Building Owners is that a neighbour can prevent a project from progressing simply by ignoring Party Wall Notices.
Thankfully, the Act is specifically structured to avoid this situation.
Silence should not be treated as consent, but neither can an Adjoining Owner ordinarily prevent the statutory process from progressing indefinitely simply by declining to engage.
Where the relevant statutory procedure has been followed, Section 10(4) provides a mechanism for a surveyor to be appointed on behalf of a non-responsive owner so that the dispute can be dealt with and an Award agreed.
For Building Owners, the important point is to allow sufficient time for the Party Wall process before works are due to commence. Although there is a mechanism for dealing with non-responsive neighbours, the additional statutory periods inevitably add time and money to the process.
Party Wall Surveyors in Chelsea and South Kensington
Ekron advises homeowners, architects and property professionals on Party Wall matters associated with residential refurbishment, extensions, excavations and structural alterations across Chelsea, South Kensington and the wider prime London market.
If you are planning works and are unsure whether the Party Wall etc. Act 1996 applies, we can review the proposals and advise on the appropriate next steps.
Call Ekron on +44 20 3951 1032 or contact us via WhatsApp to discuss your project.
This article covers one part of the Party Wall etc. Act 1996. For the full picture, including notices, awards, timescales and disputes, read The Party Wall Act Explained: A Complete Guide for London Homeowners.
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