If you are planning to carry out any building work on a shared wall, you will need to first ensure that you comply with the Party Wall Act. This is an act designed to resolve potential disputes with neighbours before building work is started. But what if you can’t agree? Here’s everything you need to know about the party wall act and what happens when two neighbours can’t agree.
What is the Party Wall Act?
The Party Wall Act 1996 is a piece of legislation in England and Wales designed to pre-empt construction related disagreements between neighbours with a clear legal framework for managing disputes should they arise. It was introduced because building works to party walls can cause damage to an adjoining owner’s buildings and interrupt their enjoyment of their use of their property.
When Do I Need a Party Wall Agreement?
You will need a party wall agreement if you plan on carrying out any building work near or on a party wall.
The following building work will require a party wall agreement:
● Any work done to shared walls (party walls) between semi-detached and terraced houses
● Work involving shared ‘party structures’, such as floors between flats
● Work to garden boundary walls
● Excavation works – within 3-6m of the party wall
● Loft conversions that mean cutting into a party wall
● Inserting a damp proof course into a party wall
● Making party walls thicker or higher
● Building a second-storey extension above a shared wall
● Building a new wall up to or off the party wall
Why Do I Need a Party Wall Agreement?
Party wall agreements ensure that your neighbour doesn’t suffer loss or damage to their property due to your project, and lets them limit disturbance by influencing working hours and access. Poorly executed structural alterations are a common cause of cracking an movement, and have even been a contributing factor in the collapse of adjoining buildings. The act and the agreements are in place to protect properties and any disputes that may occur when building work is carried out.
What is a Party Wall Notice?
A party wall notice is a notice delivered to your neighbour which includes all of the work that you intend to carry out to the party wall. You must give notice to your neighbour between 2 months and a year before you plan to start building works. You will have up to a year to start work once the notice has been served, so it is important to do this as soon as possible to avoid delays.
When writing your notice, you should use the party wall notice templates found on the government’s website and include your affected neighbour’s contact information, comprehensive details of the work you have planned and the potential start date. Ensure that you write to both the building owner and all of the tenants living there. It is also wise to include a reply letter and envelope for the neighbours to sign and return - this should not come as a surprise to them if you have spoken to them before sending.
Maintaining Good Relationships with Your Neighbours
The last thing you want to do is let building work come between your relationships with your neighbours. While you might be desperate to issue your notice straight away so that you can begin your building work, it is a good idea to first inform your neighbour in person of the work that you are planning to carry out before serving a written notice. This will give your neighbour more time to prepare for the work and helps to avoid any misunderstandings or disputes.
You could also give your neighbour a copy of the details of the Party Wall Act to help them to understand the process and feel more at ease. The process will run more smoothly if your neighbours feel informed and respected every step of the way.
What Are Your Neighbours Options For Response?
Your neighbour has many options of response once they have received your party wall notice.
Consent
This is where your neighbour has agreed to your proposal and is happy for you to go ahead with all of your building work.
Refuse Consent
This is where your neighbour has not consented to the work that you are planning to carry out, which launches the beginning of the ‘dispute resolution process’ in which you must find a solution to suit both parties.
Issue a Counter Notice
These notices usually request changes to the work specified or additional works. Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice. Your neighbour must respond to the notice - you can’t assume that no response means that they agree to the work.
What Happens if Your Neighbour Doesn’t Agree?
If your neighbour does not agree to the notice, you must appoint a surveyor. You can either appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award.’
This is a legal document which says:
● What work will happen
● How and when it will be carried out
● Who will pay for which part and how much will be paid
While fees can vary, party wall awards usually cost around £1,000 in total.
If your neighbour fails to appoint their own surveyor, you can appoint a surveyor on their behalf.
Who Pays for the Work?
It will generally be the case that if you are the one seeking to commence the work to or near a party wall then you will cover the cost for the work plus any legal or expert fees involved. However, your neighbour may need to contribute to the costs of the work if it relates to a specific maintenance or repair issue for which you are both liable.
If either party does not agree with the outcome of the party wall award, they have 14 days to contest it but the appeal must be logged with the county court. As a result, the county court may overturn or make changes to the award or make an alternative decision in relation to the costs for the work and/or the dispute process.
Common Mistakes to Avoid
When going through the party wall agreement process, it is useful to know what the most commonly made mistakes are so that you can avoid them.
● Not providing adequate notice - Without providing notice, you are not protected against fraudulent claims. Your neighbour could contact a party wall surveyor who would write up a ‘schedule of condition’, which is an independently written report documenting the state of repair of adjoining owners’ properly. It serves as a baseline against which an observer can take a ‘before and after’ reading of the condition of a property and therefore assess if any damage has been caused as a result of building work you have undertaken
● Not informing all of the affected neighbours - If you live in a terraced house, neighbours on both sides may be affected depending on the building work. A homeowner living next to flats, may need to serve notice on a number of different people
● Not thoroughly describing the proposed work - It is important to describe the proposed work in detail and include all of the sufficient information. Failure to do so means that your building works are not legally protected
Local Building Surveyors in Borehamwood
If your neighbour has refused to consent to your party wall notice, you will need an experienced party wall surveyor who can provide professional, impartial advice.
Simon Levy is a highly experienced party wall consultant who has provided administration and expert witness services in a range of highly complex
party wall disputes where a high level of skills and knowledge is required. Serving expert advice in Borehamwood and across the home countries, Simon Levy is your top choice for expert building surveyors in Borehamwood. We also offer a range of other high quality services, including expert witnesses, domestic building work, insurance claims and so much more.
With over 30 years of professional experience, Simon Levy Associates are more than qualified to assist you in any building surveying issue that you may have. Whether it's regarding residential, institutions, commercial, educational, ecclesiastical and commercial property, we are here to help you.
If you would like to learn more about the wide range of services we provide, contact
a member of our helpful team here today.
