Party Wall Act 1996

Question 1

Who is classed as an owner under the Party Wall Act 1996?

Answer 1

• Someone with more than a yearly tenancy such as a freeholder, leaseholder or someone under contract to purchase or lease the property.
• Therefore, there may be more than one owner for a property.

Question 2

What is a party wall?

Answer 2

• A party wall has two different definitions detailed within the Party Wall Act 1996.
• Firstly, a wall forming part of a building which stands on the land of two or more owners to a greater extent than projecting foundations.
• Secondly, a wall forming part of a building which stands on the land of one owner but separates the buildings of two or more owners.

Question 3

What is a party fence wall?

Answer 3

• A wall which does not form part of a building which stands on the land or two or more owners.

Question 4

What is a party structure?

Answer 4

• A structure which separates different parts of a building which have separate entrances (such as a floor or wall).

Question 5

What is an external wall?

Answer 5

• A wall which forms part of a building which stands on the land of one owner but may be situated at the boundary line.

Question 6

What is a boundary wall?

Answer 6

• A wall which does not form part of a building which stands on the land of one owner but may be situated at the boundary line.

Question 7

What are special foundations?

Answer 7

• Special foundations are foundations containing an assemblage of beams or rods in order to distribute the load.
• Building owners are unable to construct special foundations onto the adjoining owners land without written permission.

Question 8

What are the three types of work regulated by the Party Wall Act 1996?

Answer 8

• Line of junction works.
• Party structure works.
• Adjacent excavation works.

Question 9

What are the three main sections to serve party wall notices under?

Answer 9

• Section 1 (line of junction works).
• Section 3 (party structure works).
• Section 6 (adjacent excavation works).

Question 10

10) When would a line of junction notice need to be served and how far in advance must it be served?
When would a section 1 notice need to be served and how far in advance must it be served

Answer 10

• The building owner proposes to construct a party wall, party fence wall, party structure, boundary wall or external wall whereby there are no existing structures built astride the boundary line or where the only structure built is a boundary wall.
• Notice needs to be served on the adjoining owner at least one month before the intended start date.

Question 11

11) When would a party structure notice need to be served and how far in advance must it be served?
When would a section 3 notice need to be served and how far in advance must it be served?

Answer 11

• The building owner proposes to undertake certain works to an existing party wall, party fence wall, party structure, external wall or boundary wall.
• Such works can include thickening, underpinning, cutting into, demolishing, repairing or rebuilding.
• Notice needs to be served on the adjoining owner at least two months before the intended start date.

Question 12

When would a notice of adjacent excavation need to be served and how far in advance must it be served?
When would a notice of section 6 notice need to be served and how far in advance must it be served?

Answer 12

• Excavation work within 3m of a building or structure to a lower level than the foundations of that building or structure.
• Excavation work within 6m of a building or structure that would cut a line drawn downwards at 45° from the bottom of that building or structure.
• Notice needs to be served on the adjoining owner at least one month before the intended start date.

Question 13

I want to underpin my building and it is 2 meters from my neighbour’s property. What should I consider?

Answer 13

• As the underpinning works are within 3m of the neighbour’s property, section 6 of the Party Wall Act 1996 may be applicable to the works.
• If the underpinning would involve excavation to a lower level than the foundations of the adjoining owner’s building or structure, a notice of adjacent excavation would need to be served on the adjoining owner at least one month before the intended start date.
• Additional underpinning or strengthening works may be required to the adjoining owner’s buildings or structures which the building owner may have to undertake and fund.

Question 14

What are the three responses available for an adjoining owner following receipt of a party wall notice?

Answer 14

• Do nothing.
• Agree to the works as proposed.
• Dissent to the works as proposed.

Question 15

What happens if the adjoining owner fails to respond to a party wall notice?

Answer 15

• If the adjoining owner fails to respond to a line of junction notice within 14 days of service, the building owner can build the proposed wall/structure on their land ONLY as soon as the one month notice period has elapsed.
• If the adjoining owner fails to respond to a party structure notice or notice of adjacent excavation within 14 days of service, a dispute will be deemed to have arisen to be determined in accordance with section 10.

Question 16

What happens if the adjoining owner agrees to the works as proposed?

Answer 16

• If the adjoining owner issues express consent in writing to the proposed works, the building owner can proceed with the proposed works.
• The adjoining owner should state the terms on which any consent is granted (including requirement for a schedule of condition of the adjoining owner’s premises) and state the consent does not waive the adjoining owner’s rights under the Party Wall Act 1996.

Question 17

What happens if the adjoining owner dissents to the works as proposed?

Answer 17

• If the adjoining owner dissents to the works as proposed a dispute will be deemed to have arisen.
• The parties can agree to a single agreed surveyor or appoint a surveyor each who will then select a third surveyor.

Question 18

In what situation can the adjoining owner serve a counter notice?

Answer 18

• Following receipt of party structure notice, the adjoining owner may serve a counter-notice within one month requesting limited additional works are undertaken for the adjoining owners benefit.
• The cost of the additional work will be apportioned between the parties according to the benefit to each party.
• The building owner must respond to the counter-notice within 14 days or a dispute will be deemed to have arisen.

Question 19

What happens when a dispute has arisen?

Answer 19

• Both parties can appoint a single agreed surveyor.
• If the parties fail to agree on a single agreed surveyor, each party can appoint their own surveyor.
• The building owner can appoint a surveyor of the adjoining owner’s behalf if they fail or refuse to do so.
• The two surveyors then agree to appoint a third surveyor.
• The appointed surveyor or surveyors then issue an award authorising the execution of building work, associated conditions and the rights of both parties.

Question 20

What is the role of the third surveyor?

Answer 20

• If the appointed surveyors or appointing owners are unable to agree of a specific matter, any party can refer the matter to the third surveyor to settle the dispute.
• The third surveyor’s decision is then embodied in the award.
• The third surveyor’s decision relates to the referred matter only. The appointed surveyors are still responsible for agreeing any other matters within the initial notice.

Question 21

Who is responsible for paying the appointed surveyor’s fees?

Answer 21

• The responsibility for the appointed surveyor’s fees is determined by the appointed surveyors.
• If the appointed surveyors cannot agree upon which responsibility for the appointed surveyor’s fees, the matter is referred to the third surveyor.

Question 22

What is a party wall award?

Answer 22

• A party wall award a legal binding document authorising the execution of building work, associated conditions and the rights of both parties.

Question 23

What is contained within a party wall award?

Answer 23

• Details of the properties, building owner and affected adjoining owners.
• Details of the proposed works including drawings and specifications.
• Details of any conditions including working hours, access arrangements and provisions for making good damage caused by the works.
• Schedule of condition of the adjoining owner’s property.

Question 24

Can you always get access to the adjoining owner’s property to undertake works and erect scaffolding?

Answer 24

• Section 8 of the Party Wall Act 1996 gives the building owner the right to access adjoining owner’s property to undertake works related to the act.
• Details of the required access should be included within the initial notice and subsequent award.
• The building owner should provide the adjoining owners and occupiers with 14 days notice for access.

Question 25

What if they do not agree?

Answer 25

- Preventing a statutory right of access is a criminal offence. - If access is not granted, the building owner may break in if accompanied by the police.

Question 26

Are either party able to challenge the decision in a party wall award

Answer 26

- The building owner and adjoining owner are able to make an appeal within 14 days of service of the party wall award.