The Party Wall Etc Act. 1996

Question 1

What is the purpose of the Party Wall etc. Act 1996?

Answer 1

The Party Wall etc. Act 1996 enables construction near boundaries by requiring owners to notify their neighbors of upcoming works and allowing them to access neighboring property.

Question 2

Does the Party Wall etc. Act 1996 only regulate party walls?

Answer 2

The Act doesn’t just address party walls but also covers specified construction near the boundary of adjoining properties, with or without a party wall.

Question 3

How does the Party Wall etc. Act 1996 affect common law rights?

Answer 3

The Act provides statutory authority to perform acts that could be considered trespass or nuisance, as long as the proper procedures are followed.

Property owners can access their neighbor’s land and structures, but they must avoid causing unnecessary inconvenience. Surveyors play a key role in regulating this process.

Question 4

What is the role of surveyors under the Party Wall etc. Act 1996?

Answer 4

They balance both parties’ interests and ensure the building owner’s rights are exercised with minimal inconvenience to neighbors. Surveyors define the allowed work in an award and conduct inspections of the related work.

Question 5

What is the geographical area covered by the Act?

Answer 5

The geographical area covered by the Act is England and Wales.

Question 6

How is an owner defined in section 20 of the Act?

Answer 6

An owner is defined in section 20 as someone with more than a yearly tenancy.

Question 7

Can there be more than one owner of an adjoining property?

Answer 7

Yes, there may be more than one owner of an adjoining property, such as a freeholder, long leaseholder, or someone with an agreement to purchase or lease.

Question 8

What are the two definitions of a party wall in section 20 of the Act?

Answer 8

The two definitions of a party wall in section 20 are:
- Type a: a wall standing on the land of two owners to a greater extent than simply projecting foundations
- Type b: the part of a wall standing on the land of one owner that separates the buildings of two owners

Question 9

What is a party structure?

Answer 9

A party structure can be a party wall, a floor, or a partition separating different parts of a building, each with separate staircases or entrances.

Question 10

What is a party fence wall?

Answer 10

A party fence wall is a free-standing wall that is not part of a building, which stands astride a boundary.

Question 11

Who is described as the building owner?

Answer 11

The person (or company) who wishes to initiate any work on their side of a wall is described as the building owner.

Question 12

What is an adjoining owner?

Answer 12

The owner(s) on the other side of the wall is an adjoining owner.

Question 13

What are special foundations?

Answer 13

Special foundations are foundations in which an assemblage of beams or rods are employed for distributing any load.

Question 14

What is a boundary wall?

Answer 14

A boundary wall is a freestanding wall, not being part of any building, which stands wholly on the land of one owner at, but not astride, a boundary, except to the extent of any projecting footing or foundation.

Question 15

What is an external wall?

Answer 15

An external wall is a wall that forms part of a building standing wholly on the land of one owner and which may be situated at, but not astride, a boundary, except to the extent of any projecting footing or foundation.

Question 16

What capacity are surveyors acting in when advising on the Party Wall etc. Act?

Answer 16

When advising on the Party Wall etc. Act, surveyors are acting in the capacity of professional consultants and owe duties to their clients on this basis.

This capacity may later change to that of an ‘appointed surveyor’ once notices have been served and a dispute has arisen under the Act.

Question 17

What are the three distinct situations in which the Party Wall etc. Act regulates construction operations?

Answer 17

The Party Wall etc. Act regulates construction operations in three distinct situations:
- Line of junction works.
- Works to party walls and certain other party structures.
- Adjacent excavation works.

Question 18

What are line of junction works in the context of the Party Wall etc. Act?

Answer 18

Line of junction works occur where nothing is built on a boundary line (line of junction) or where the only structure built is a free-standing boundary wall that does not straddle the boundary line.

Question 19

What is required of a building owner in line of junction works when proposing to construct a party wall, party fence wall or boundary or external wall on their own land up to the line of boundary?

Answer 19

In line of junction works, a building owner is required to serve a line of junction notice when proposing to construct a party wall, party fence wall, or boundary or external wall on their own land up to the line of boundary. The notice should be served on any adjoining owner at least one month before the intended start date for the works.

Question 20

What is required if the building owner wishes to construct a party wall or party fence wall astride the boundary line?

Answer 20

If the building owner wishes to construct a party wall or party fence wall astride the boundary line, notice must be served under section 1(2) and the express consent of the adjoining owner must be obtained. If the consent is not obtained, the wall must be built entirely on the building owner’s land and at their own expense.

Question 21

Can projecting footings be placed on the land of the adjoining owner in line of junction works?

Answer 21

Yes, projecting footings may be placed onto the land of the adjoining owner, provided these are necessary for the construction of the wall and are not special foundations.

Special foundations are defined in section 20 of the Act and include reinforced concrete foundations.

Question 22

What is required if special foundations are needed in line of junction works?

Answer 22

If special foundations are needed in line of junction works, further notice is not needed under section 1(5).

Question 23

What does section 2 of the Act grant to building owners?

Answer 23

Section 2 of the Act grants rights to undertake specific work to certain types of party structures.

Question 24

Which party structures are generally jointly owned by the building owner and adjoining owner?

Answer 24

Party walls, party fence walls and party structures are generally jointly owned by the building owner and adjoining owner.

Question 25

Are there circumstances where rights are granted to structures situated entirely on adjoining land?

Answer 25

Yes, there are circumstances where rights are granted to structures abutting the boundary line but situated entirely on adjoining land.

Question 26

What are the operations that are included in the rights granted under section 2?

Answer 26

The operations included in the rights granted under section 2 are:
- underpinning
- thickening
- raising
- repairing
- demolishing and rebuilding
- cutting into
- cutting away/cutting off projections
- reducing height of, and
- exposing.

Question 27

What is the requirement for building owners when seeking to exercise any of the rights in section 2?

Answer 27

Building owners must usually first serve a party structure notice on the adjoining owner at least two months before the intended start date for the works.

Question 28

Is it permissible for building owners to place special foundations on the adjoining owner’s land without their permission?

Answer 28

No, there is no right to place special foundations on the adjoining owner’s land without the adjoining owner’s written permission.

Question 29

What is the advice for surveyors regarding the extent to which the Act applies to particular structures under consideration?

Answer 29

Surveyors should examine the precise wording of section 2(2) of the Act to determine the extent to which the Act applies to the particular structures under consideration. They should not assume that the Act does not apply simply because there is no party wall.

Question 30

What does the Act regulate in relation to adjacent excavation works?

Answer 30

The Act regulates not only works to boundary structures but also provides protection for buildings or structures where excavations or erection of a building or structure on adjacent land are planned.

Question 31

What is a building owner required to do before undertaking excavations falling within the scope of the Act?

Answer 31

The building owner is required to serve a notice of adjacent excavation and construction on the relevant adjoining owner(s).

Question 32

What right does the building owner have in relation to the adjoining owner’s land?

Answer 32

The building owner has a right to undertake certain work on the adjoining owner’s land ‘to underpin or otherwise strengthen or safeguard’ the foundations of adjacent buildings or structures.

Question 33

What is the building owner required to do if requested by an adjoining owner?

Answer 33

The building owner is required to do the work as far as may be necessary and at their own expense.

Question 34

What types of excavations fall within the scope of the Act?

Answer 34

The types of excavations that fall within the scope of the Act include:
- Excavations within 3m of a building or structure to a lower level than the bottom of the foundations of such building or structure, and
- Excavations within 6m of a building or structure that will cut a line drawn downwards at 45 degrees from the bottom of the existing foundation from a point in line with the outside face of the building or structure.

Question 35

What is the notice requirement for adjacent excavations?

Answer 35

The building owner must serve notice of such adjacent excavations on any adjoining owner at least one month before the intended start date for the works.

Question 36

Can the building owner place special foundations on the adjoining owner’s land without permission?

Answer 36

No, there is no right to place special foundations on the adjoining owner’s land without written permission.

Question 37

What is the best practice recommendation regarding piling?

Answer 37

The best practice recommendation is that all types of piling are notifiable for the purposes of the Act.

Question 38

What right does a building owner have under section 8 of the Act?

Answer 38

A building owner has a right of access to the adjoining owner’s land for the purpose of executing work in pursuance of the Act.

Question 39

Why is valid service of notices important in the context of the Act?

Answer 39

Valid service of primary notices is important because it commences a statutory procedure, and any deficiency in service may render the whole procedure invalid, resulting in delays to the project and an increase in costs.

Question 40

Can the time limits for service of notices be extended?

Answer 40

The time limits for service of notices may be extended by agreement between the owners.

(It may be appropriate to advise the owners to allow for the option to extend the period for reply to notices by agreement, particularly over bank holidays or other periods when it is known that neighbours may be away).

Question 41

Can an adjoining owner waive notice periods to allow works to progress?

Answer 41

Yes, an adjoining owner may agree to waive notice periods to allow works to progress.

(However, it is important to ensure that such agreements are properly documented and that the interests of both parties are protected).

Question 42

What should surveyors be aware of with respect to professional liability when preparing and serving notices?

Answer 42

Surveyors should be aware of related professional liability issues when preparing and serving notices. Any deficiency in service may render the whole procedure invalid, resulting in delays to the project and an increase in costs. Therefore, it is important for surveyors to ensure that notices are properly prepared and served to minimize the risk of any professional liability issues arising.

Question 43

What information must be included in a notice to comply with the Act?

Answer 43

Notices must:
- be in writing
- include the name and address of the building owner
- be dated
- be properly served on all adjoining owners as defined by the Act
- be served by the owner or an agent with authority to serve notice(s) on their behalf
- state the nature and particulars of the intended works and the date on which it is intended to commence the works.
- for section 3 service involving special foundations, provide drawings of the foundation details and load information.
- for section 6 service, provide plans and sections showing excavation depth, site location, and new building location.

Question 44

What are the consequences of failing to provide enough detail in a notice?

Answer 44

Failure to provide enough detail in a notice may invalidate the notice.

Question 45

Who is responsible for serving notices?

Answer 45

Notices must be served by the building owner, but they can authorise surveyors, acting as their agents, to sign and serve notice on their behalf.

Question 46

What should surveyors ensure when serving notices on behalf of building owners?

Answer 46

Surveyors should ensure that they have the necessary written authority to serve notices on behalf of building owners.

Question 47

What information should descriptions of intended works contain in the primary notice?

Answer 47

Descriptions of intended works should be directed toward a layperson and contain enough detail to enable the extent of works to be understood.

Question 48

What are the recommended methods of serving notices as specified in section 15 of the Act?

Answer 48

Notices may be served on an individual in person, or by posting it to their usual or last known residence or place of business in the UK. In the case of a body, corporate service can be effected by delivering it in person or posting it to the secretary or the clerk at the registered or principal office.

Question 49

Can a notice be served by addressing it to ‘The Owner’ of the premises and delivering it to a person on the premises?

Answer 49

Yes, any notice (or other document) may alternatively be served on an owner by addressing it to ‘The Owner’ of the premises (naming the premises) and delivering (not posting) it to a person on the premises. If no person to whom it can be delivered is found there, the notice may be affixed to a conspicuous part of the premises (but not put through the letterbox).

Question 50

Is it necessary for a recipient to state a willingness to receive a notice electronically?

Answer 50

Yes, under section 15(1A) of the Act, where notice is served electronically, the recipient must have stated a willingness to receive it electronically. However, it may be that a notice served electronically will be validly served if received by the recipient, notwithstanding the fact that they have not stated a willingness to receive the notice by electronic communication.

Question 51

What are the three possible responses that an adjoining owner can make upon receiving a notice?

Answer 51

The three possible responses are:
- do nothing
- consent to the works as proposed
- dissent from the works as proposed

Question 52

What happens if the adjoining owner fails to respond to a party structure notice or notice of adjacent excavation within 14 days?

Answer 52

If the adjoining owner fails to respond within 14 days, it will result in a deemed dispute and the section 10 statutory dispute resolution process will commence.

Question 53

What can the building owner do if the adjoining owner fails to appoint a surveyor after being requested to do so?

Answer 53

The building owner can appoint a surveyor on behalf of the adjoining owner under the provisions of section 10(4).

Question 54

What happens if the adjoining owner fails to respond to a line of junction notice served under section 1(2)?

Answer 54

If the adjoining owner fails to respond within 14 days, the building owner may only build the proposed wall entirely on their own land but can proceed as soon as the notice period has elapsed.

The building owner has the right to place below the level of the land of the adjoining owner such projecting footings as are necessary for the construction of the wall, providing they are not special foundations.

Question 55

What happens if the adjoining owner fails to respond to a line of junction notice served under section 1(5)?

Answer 55

If the adjoining owner fails to respond, the building owner may proceed with the proposed works after the notice period has elapsed. This includes the right to place necessary projecting footings on the adjoining owner’s land, providing they are not special foundations.

Question 56

What can the adjoining owner do if they consent to the proposed works?

Answer 56

The adjoining owner can express their consent in writing to the works as proposed in the notices.

Question 57

Does consenting to the proposed works waive the adjoining owner’s rights under the Act?

Answer 57

No, consenting should reserve the adjoining owner’s rights under the Act and confirm that disputes which subsequently arise in connection with the works are to be resolved in accordance with the section 10 procedures.

Question 58

What should be done if the adjoining owner dissents from any notice served?

Answer 58

The dispute must be settled in accordance with section 10 of the Act.

Question 59

What are the options for selecting surveyors in the dispute resolution process?

Answer 59

Each owner may agree to the selection of one surveyor (the agreed surveyor) who will determine the matters that are in dispute, or each party may appoint a surveyor and those two surveyors will select a third surveyor.

Question 60

What matters can the surveyors determine in a dispute under section 10 of the Act?

Answer 60

The surveyors can determine any matters connected with any work to which the Act relates and are in dispute. These include the right to execute the works, the time and manner of execution of the works, and any other matter arising out of or incidental to the dispute.

Question 61

Can the third surveyor be called upon to determine matters on which the appointed surveyors cannot agree?

Answer 61

Yes, either of the appointed surveyors, or either of the owners, may call upon the third surveyor to determine matters on which they cannot agree.

Question 62

Why is it sensible to advise the adjoining owner of whether there will be projecting foundations?

Answer 62

It would be sensible to advise the adjoining owner of whether there will be projecting foundations because the right to place necessary projecting footings on the adjoining owner’s land is subject to certain conditions (as defined in section 3.5(g) of the guidance note).

Question 63

When can the adjoining owner serve a counter-notice under section 2 of the Act?

Answer 63

The adjoining owner may serve a counter-notice within one month of receiving a notice for works under section 2 of the Act.

Question 64

What should the counter-notice contain?

Answer 64

The counter-notice should set out such limited additional works as defined in the Act to the party structure or to special foundations as may reasonably be required, and must be accompanied by plans, sections, and particulars of that specific work.

Question 65

What is the building owner’s obligation upon receiving a counter-notice?

Answer 65

The building owner must comply with the request unless to do so would be injurious or cause unnecessary inconvenience or unnecessary delay to the works.

Question 66

How will the costs of the work be apportioned if the building owner complies with the request in the counter-notice?

Answer 66

The costs of the work will be apportioned according to the benefit to either party.