Here’s What You Need to Know About Party Wall Disputes

Disputes over party walls frequently occur between neighbours when properties are renovated, or when a change to a building is later found to have caused an issue with a party wall. Read on to find out everything you need to know about dealing with party wall disputes.

The Party Wall Act 1996

In 1996, the Party Wall Act was introduced to regulate any alterations to a property or to land with fences or walls. In general, this tends to apply mainly to semi-detached properties, such as terraced housing, but it can also affect flats, including the ceilings and floors in a flat.

Changes to a property which might fall under the regulation of the Party Wall Act include:

●     Changes to a party fence

●     Changing a support beam

●     Cutting into a party wall

●     Damp proof installation

●     Demolition of a party wall or a section of it

●     Digging or excavating beneath the foundations of a party wall to within 3m to 6m of a neighbouring property

●     Digging or excavating beneath a garden party wall

●     Hanging a suspended ceiling beneath the floor of another property.

This essentially means that renovation affecting party walls must be carried out in accordance with the Party Wall Act to prevent damage to an adjoining property.

Objections under the Party Wall Act

Whether you’re a homeowner or developer, if you’re carrying out renovations involving party walls you must give adjacent property owners two months’ notice in writing of your plans.

Your neighbours can make an objection to renovations involving a party wall within 14 days of receiving notification. Additionally, they can also agree in writing to the plans within 14 days if, for example, provision has been made for protecting the property of any neighbours affected by the works – and compensating any homeowners affected by the renovations.

If an agreement cannot be reached, then you will have to arrange for a joint surveyor to draw up what is known as a party wall award. This will set out details of:

●     The existing condition of the party wall

●     Works to be carried out

●     Protective measures need for adjacent properties

●     Timescales and time limits for the works

●     The Schedule for the surveyors’ building inspections.

Party wall matters can often be complex and diverse. Due to there being statutory, it can also often be a daunting experience, especially if you are being put under pressure from your neighbour. A quick phone call to Simon Levy Associates will put you at ease and one of our devoted team of surveyors will be able to provide legal party wall advice and assert your legal rights as a property owner with instructions as to your next steps. Contact us today to find out more about what we can do for you.