Party Walls
Despite its title, the Party Wall Act 1996 is not concerned solely with party walls. It also defines the relationship between neighbours – owners and, in some cases, occupiers – during certain kinds of construction work on or near the boundary between adjoining properties.
The act regulates construction on:
the line of junction works
works to party walls and certain other boundary structures, and
adjacent excavations
Stockbridge can serve the ‘interests of the wall’, and can liaise with the adjoining owner’s party wall surveyor. Or, if the adjoining owner agrees, our party wall surveyor can represent both.
We can provide the service of notices, the preparation of awards and schedules of condition, as well as negotiate damages, to minimise disputes and determine the time and the manner in which the work is carried out.
The process
Buildings are frequently constructed next to one another in urban areas – there are many thousands of terraced or semi-detached homes across the country.
They may be physically linked, share a common wall or partition, or simply abut one another. Even if not actually joined, buildings can still be constructed in close proximity to each other.
When building works are planned in these situations, the parties on either side have a right to legal protection – and share some obligations as to the way they behave.
The Party Wall Act 1996 aims to manage disputes by setting out the duties regarding structural changes, digging near foundations and so on.
The act does not cover minor works, such as electrical installations, putting up brackets or shelving, or re-plastering. However, it does cover:
cutting in to support a beam when removing walls
installing a damp-proof course
underpinning, and
excavating for new foundations within three metres (or sometime six metres) of a neighbour’s property – important when considering a domestic extension or conservatory.
A neighbour has the legal responsibility to give written notice of proposed works, though it is generally accepted that an initial conversation is helpful. However, written agreement must be given.
Where a neighbour does not agree in writing with any proposals for building work, the act provides for surveyors to be appointed, to ensure that works are undertaken appropriately and will be least likely to cause damage to the other party.
A document called a Party Wall Award is drawn up, noting the existing condition of buildings on the other side of the party wall or structure, the work to be carried out and who has financial responsibility for the works and any consequential damages that might occur.
So, whether you are planning works up to or near a party wall, or find that your neighbours are considering such work, it is advisable to appoint a professionally-qualified building surveyor to act on your behalf at the outset.
A professional team such as Stockbridge can save clients time and money by advising on the correct procedure prior to commencement of work, and on the best construction methods to use – the inconvenience to neighbours can be reduced by opting for a less intrusive solution.
Tell us about your project – get in touch.