If you're planning to undertake any construction or renovation work that involves a shared wall between two properties, you may need to deal with party wall matters. These legal requirements are in place to protect both you and your neighbours from any potential property damage claims and disputes that may arise during the construction process. This guide will provide you with all the necessary party wall advice and services you need to ensure a smooth and successful project.
What is a ‘party wall’?
Although it sounds fun, a ‘party wall’ is actually a legal term. A party wall is a wall that stands between the boundaries of land belonging to two or more owners and can form part of a building, separate two or more buildings or consists of a ‘party fence wall’.
A wall is defined as a ‘party fence wall’ if it is not part of a building and it stands astride the boundary between the land of different owners as a way of separating their land, for example a masonry garden wall. Wooden fences and hedges are not defined as party fence walls.
A wall is also a party wall if it stands wholly on one owner’s land, but is used by two or more owners to separate their buildings.
So what are ‘party wall matters’?
Party wall matters are the legal requirements that come into play when you intend to carry out construction work on a shared wall between two properties. They are regulated under the Party Wall Act 1996, which outlines the necessary procedures to be followed before, during, and after construction work.
What is the Party Wall Act 1996?
The Party Wall Act 1996 requires that you serve notice to your neighbours before any work begins. This notice will detail the proposed work, the expected start date, and the proposed duration of the project. Your neighbours then have the right to object to the proposed work or ask for additional measures to be taken to protect their property. If they do not object within the specified timeframe, the work can commence as planned.
Party Wall Services
If you're looking for a
professional to assist with party wall matters, there are several
party wall services available to help you. Party wall surveyors can provide you with advice, guidance, and assistance with the following:
Serving Notice to Your Neighbours
Before any construction work can begin, you must serve notice to your neighbours. This notice informs them of your intention to carry out the work and provides details of the proposed work, including the expected start date and duration. Your neighbours then have the right to object to the proposed work or request additional measures to protect their property.
A Party Wall Notice is the document you serve on your neighbours. It details the works that will be carried out and it is accompanied by the building plans. There are up to three notices that need to be served, dependant on the type of building work you intend to carry out:
Section 1 – Line of Junction (one month’s notice)
Section 2 – Party Structure Notice (two months’ notice)
Section 6 – Adjacent Excavation (one month’s notice)
In some cases, all three notices will need to be served.
A party wall surveyor can help you draft and serve the notice, ensuring that it complies with the necessary legal requirements.
Preparing Party Wall Awards
If your neighbours agree to the proposed work, you must prepare a party wall award. This legal document outlines the rights and responsibilities of both parties and sets out the measures to be taken to protect your neighbour's property.
A party wall surveyor can assist you in preparing the party wall award, ensuring that it is legally binding and protects you from property damage claims..
Conducting Surveys and Inspections
Before any work can begin, it's essential to conduct a survey to assess the current condition of the shared wall. This survey will help to identify any existing damage, which will then be taken into account when preparing the party wall award.
A party wall surveyor can conduct the necessary surveys and inspections, providing you with a comprehensive report on the current condition of the wall.
Handling Disputes
Disputes may arise during the construction process, particularly if your neighbours object to the proposed work. A party wall surveyor can help you to resolve any disputes that arise, ensuring that the project can continue as planned. We recommend that you, as the Building Owner who intends to do the work, first discuss the planned work with the owner of the other property affected, the ‘Adjoining Owner’. This should hopefully provide an opportunity for relevant details to be settled at the outset and allow the party wall agreement to take shape. This will help relationships with your neighbour and demonstrate that you intend to take the right steps in protecting yourself and them.
There is no need for a party wall award if your neighbour originally dissented but subsequently consented to the work The Party Wall Act 1996 is an enabling Act designed to facilitate works, not create conflict. As such, your neighbour, the Adjoining Owner, is free to change their mind at any time, if they are happy with your proposals. You should note, however, that you will still be liable for the cost of time spent by your appointed surveyor to date, as this will be covered by a separate contractual agreement.
Assessing and Resolving Property Damage Claims
If any damage occurs to your neighbour's property during the construction process, you may need to make a property damage claim. This can be a complex and time-consuming process, but a party wall surveyor can assist you in preparing and filing your claim. A party wall surveyor can assess the damage and assist you in making your property damage claim. They can also help you negotiate with your neighbour's insurance company to ensure that you receive fair compensation.
The Building Owner will be responsible for covering the costs of any repairs or property damage claims that need to be carried out on the Adjoining Owner’s property as a result of their works. They will also have to cover the surveyor’s fees for dealing with this dispute and any other party wall advice.
After the building work is completed, the Adjoining Owner or their party wall surveyor should inspect the condition of their building, comparing it to the PSoC carried out before the building work started. If any damage caused in connection with the party wall works is identified, it will become the Building Owner’s responsibility to fix it to the Adjoining Owner’s satisfaction. Alternatively, property damage claims could be paid by the Building Owner to the Adjoining Owner, and should be enough to allow the Adjoining Owner to cover the cost of ‘making good’ work themselves. It is possible that damage may become noticeable later on, as new installations settle or bed in. As there is no formal sign-off procedure, if damage can be shown to be linked to the party wall services, there can be redress from the Building Owner months after works are completed.
You should keep all party wall documentation with your property’s title deeds, so they can be referred to in the future if required. This can also help to reduce any complications during a property sale later on.
Planning Permission Help
Party wall matters are separate from planning permission requirements. While you may not need planning permission for your project, it's essential to ensure that you've obtained all necessary permits and approvals before you begin construction. A party wall surveyor can also help you navigate planning permission requirements and ensure that your project is compliant with local regulations.
Simon Levy Associates - Expert Party Wall Advice
If you're unsure whether your construction project requires party wall matters, or if you need advice on how to serve notice to your neighbours, you should
seek professional party wall advice. Party wall surveyors are experts in this field and can provide you with all the necessary information and guidance you need.
Party wall services are essential for anyone planning on carrying out construction work that involves shared walls between properties. By engaging a party wall surveyor, you can ensure that all legal requirements are met, and any disputes or property damage claims are handled efficiently and professionally. If you're planning a construction project, contact a party wall surveyor to help you with the necessary legal requirements and procedures.
Simon Levy Associates are members of the Royal Institute of Chartered Surveyors as well as of the Academy of Experts. We’re highly experienced party wall consultants who have provided administration and expert witness services in a range of highly complex
party wall disputes and property damage claims where a certain skill set and knowledge is required. We pride ourselves on giving clients consistently excellent service wherever and whenever they need it. If you need professional help for party wall matters in Barnet, Watford or Borehamwood and the Home Counties as quickly as possible, we'll gladly arrange a consultation at a time that works for you.
Contact us today.
