Party Wall

Question 1

What is the Pyramus and Thisbe Club?

Answer 1

A club for professionals with an interest in Party Wall matters.

Question 2

What piece of Legislation covers Party Wall matters?

Answer 2

The Party Wall etc Act 1996.

Question 3

What Legislation was the predecessor of the Party Wall Act?

Answer 3

The London Building Act 1939.

Question 4

What are the types of owner?

Answer 4

1. Building Owner
2. Adjoining Owner

Question 5

Upon reciept of a request to assist someone with the party wall process, what information should you clarify before proceeding any further?

Question 6

What notices are required under the act?

Answer 6

• Section 1 notice - Line of Junction notice
• Section 2 notice - Party structure notice
• Section 6 notice - Notice of adjacent excavation

Question 7

What is the purpose of the Party Wall Act

Answer 7

To provide a procedural framework that ensures neighbouring owners are notified on impending construction works.

Question 8

What RICS documentation is available for Party Wall matters?

Answer 8

RICS have a Professional Standard called Party Wall Legislation and Procedure. The current edition is the 7th and was published in July 2019.

Question 9

Who can act as a surveyor under the act?

Answer 9

Any person not party to the matter can act as a surveyor who is appointed under the terms of section 10 of the act.

Question 10

If appointed by the building owner, is your responsibility as a surveyor to act in their best interests alone?

Answer 10

The role of a party wall surveyor is a statutory role which involves upholding the procedures of the act independent of the appointing party. The role is about balancing the interests of both parties.

Question 11

How would you refer to a person who has appointed you as a surveyor under the act?

Answer 11

I would refer to them as the appointing owner.

Question 12

Are you permitted to act as a surveyor if a conflict of interest exists?

Question 13

If an owner raises a complaint through the official complaints handling procedure, can this alter or influence the party wall award?

Answer 13

No, a party wall award can only be altered following an official appeal.

Question 14

What properties are excluded under the act?

Answer 14

Crown properties occupied by the royal family and Inns of Court in London.

Question 15

Has the Act had any amendments since it’s application?

Answer 15

The act has been amended by the The Party Wall etc. Act [electronic communications) order 2016

Question 16

What countries are covered by the Act?

Answer 16

England and Wales.

Question 17

What is the minimum tenancy term required for an occupant to be classed as an owner?

Answer 17

The tenancy must be more than 12 months.

Question 18

Can there be more than one building owner / adjoining owner?

Answer 18

Yes.

Question 19

What is the definition of a party wall under the Act?

Answer 19

There are two definitions.

The first is a wall standing on the land of two owners to a greater extent than simply projecting foundations.

The second is the part of a wall standing on the land of one owner that separates the buildings of two owners.

Question 20

What are special foundations?

Answer 20

Foundations which contain reinforcements such as beams or rods.

Question 21

What are line of junction works?

Answer 21

Works to build upon the boundary line / line of junction. E.g constructing a new party wall.

Question 22

If an adjoining owner does not consent to a new party wall upon the line of junction, what can the building owner do?

Answer 22

The building owner can still construct the wall however it must be built entirely on the building owners land. The foundations may protrude on the basis these aren’t special foundations.

Question 23

When must a line of junction notice be served before works start?

Answer 23

At least one month before works start.

Question 24

When must a party structure notice be served before works start?

Answer 24

At least two months before works start.

Question 25

When would you need to serve an adjacent excavation notice?

Answer 25

Excavations within 3m of a building or structure which are lower than the bottom of the foundations of that building or structure

Excavations within 6m of a building or structure where the excavations will create a 45 degree angle from the bottom of the foundations of that building or structure

Question 26

When must an adjacent excavation notice be served before works start?

Answer 26

At least one month before works start.

Question 27

What information must a notice include to be legitimate?

Answer 27

It must be in writing
Name and address of the building owner
Be dated
State the nature and particulars of the works
Include drawings and plans

Question 28

When an adjoining owner receives a notice, what options do they have?

Answer 28

Nothing
Consent to works as proposed
Dissent to works as proposed

Question 29

What happens if the adjoining owner does not respond to a notice?

Answer 29

If no response is received from the adjoining owner within 14 days of the service date, they are deemed to have disputed. The BO can then issue a request for the AO to appoint a surveyor within 10 days. If the AO fails to do this, the BO can appoint a surveyor on behalf of the AO.