Legal/Regulatory Compliance

Question 1

What is the Party Wall etc. Act 1996?

Answer 1

A piece of legislation which enables an owner to undertake certain works on or adjacent to adjoining properties whilst providing protection to neighbours.

Question 2

What notices can be served under The Act?

Answer 2

Section 1: Line of Junction Notice
Section 2/3: Party Structure Notice
Section 6: Notice of Adjacent Excavation

Question 3

Who are the parties named within The Act?

Answer 3

The Building Owner - The owner of the property where work is to be undertaken.

The Adjoining Owner - The owner of the adjoining property.

The Adjoining Occupier - Someone who occupies the adjoining property who is not the owner.

Question 4

Can you name some types of Planning Application?

Answer 4

Outline, Reserved Matters, Full, Listed Building Consent, Advertisement Consent, Change of Use, Lawful Development Certificate

Question 5

How many classifications are there for listed buildings and what are they?

Answer 5

Grade I exceptional interest, Grade II* important and special interest, Grade II special interest

Question 6

Where is the Party Wall etc. Act 1996 applicable?

Answer 6

England and Wales. It does NOT apply to Scotland or Northern Ireland.

Question 7

Can an Adjoining Owner prevent works from taking place under the Party Wall etc. Act 1996?

Answer 7

No, they can just stipulate the time and manner of execution for the proposed works.

Question 8

What is a Party Wall?

Answer 8

Section 20 of the Act defines a Party Wall as:

1) A wall which either forms part of a building and stands on lands belonging to different owners or…

2) A wall which separates buildings belonging to different owners.

Question 9

What is a Party Fence Wall?

Answer 9

A wall which does not form part of a building and stands on lands belonging to different owners, such as a garden wall, but it does not include a timber fence.

Question 10

What is a Party Structure?

Answer 10

A floor/ceiling partition separating buildings or parts of buildings, for example between flats.

Question 11

Who can act as a Party Wall surveyor?

Answer 11

Anyone can be a Party Wall surveyor as long as they are formally appointed. However, building and adjoining owners cannot act for themselves.

Question 12

PWA - What is the notice period for Section 1 works?

Answer 12

One month before works can commence.

Question 13

PWA - What is the notice period for Section 2 works?

Answer 13

Two months before works can commence.

Question 14

PWA - What is the notice period for Section 6 works?

Answer 14

One month before works can commence.

Question 15

PWA - What is a Schedule of Condition?

Answer 15

A written record of the condition of the adjoining owner’s property prior to the work starting. It is not a requirement under the Act but is common practise.

Question 16

What is a Party Wall Award?

Answer 16

A legal document prepared by the surveyor which outlines the following:

1) The sections of the Act that apply and the names and addresses of all parties and surveyors concerned.

2) A description of the works permitted to be undertaken.

3) The rights and requirements of the two owners in relation to the works.

4) Clauses dealing with the execution of the works including any compensation or expenses and the liability of the surveyors costs.

5) The signature of the surveyors and date.

Question 17

What options does an Adjoining Owner have upon receiving a Party Wall notice?

Answer 17

1) Nothing
2) Consent to the works as proposed within 14 days
3) Dissent from the works as proposed within 14 days

If the adjoining owner fails to do anything within 14 days, they are automatically assumed to have dissented.

Question 18

Is there anything the Owners can do if they are not happy with the contents of the Party Wall Award?

Answer 18

Under section 10 of the Act either owner can appeal against the Award to the County Court within 14 days of the Award’s service.