The Party Wall Act
Party Wall Act
A no-jargon guide to the Party Wall Act
When does the Party Wall Act apply?
The Party Wall Act applies to the wall between two attached houses - even where this is a full two bricks thick. Forget the idea that you own one side and your neighbours the other. In Law, you both own the whole wall.
In terms of what work that justifies the use of the Act, well that's a matter for interpretation. You can safely assume, the following works wouldn't fall under the intended scope of the Party Wall Act:
- Putting up shelves
- Letting in wiring
- Securing fitted bedroom furniture
- Adding / removing skirting coving
- Plastering or replastering your side
But, these things definitely would require you to use the Party Wall Act
- Removal or part removal of a chimney
- Loft conversion or any extension of the party wall
- Installation of a new damp course
- Letting in of steels to support new floors or undermined walls (e.g. through lounge/ diner)
The real test is whether your works could in anyway affect the wall - e.g. by changing its structure, support or load bearing. If in doubt, serve notice anyway!
What does the Party Wall Act do?
The Party Wall Act was largely introduced to keep party wall disputes out of the courts. It creates a process that resolves all but the most serious differences of opinion, without recourse to the judiciary. It gives you rights to work on the wall and have access to both sides of the wall as necessary. It gives your neighbours the right to be informed 2 months prior to work being undertaken and the means to dispute your plans on reasonable grounds.
The most important thing the Party Wall Actdoes, is provide a legal process that anyone can follow - there's no need for legal representation! To stay on the right side of the law and retain important rights, such as rights of access, you only need follow the process.
If you are on good terms with your neighbours and/ or the work is comparatively straightforward, you may not even need to employ a surveyor. You may still need to involve your local Council's Building Control department, however, and often this will help reassure adjoining owners that your plans / works are sound.
Where there is a dispute, it's surveyors and not solicitors who decide how and when the work can be carried out and who is going to foot the bill, through a legally-binding decision called an Award.
Party Wall Act Process
Once you've determined the Party Wall Act applies. Then try to notify your neighbours as soon as possible, because they have the right to two months' notice before you can restart. Don't worry though, because you can AGREE an earlier start day with your neighbours if desired.
Help your neighbours out by writing their reply letter for them. You don't want your case drifting into the dispute, simply because you neighbours didn't get round to writing you a letter back! You should consider yourself 'in dispute' if you don't hear back after 14 days. It's worth checking with your neighbours, to make sure they haven't just forgotten before going to the next stage, however.
If they do respond within 14 days, they may either consent or dissent from your works or inform you of their intent to serve a counter-notice, proposing changes to your building works. They must then serve this notice within a month. And then you must respond within 14 days, setting the process in motion again...
Copies of standard letters for serving and replying to a notice can be downloaded here.
In dispute?
If you do find yourself in dispute - i.e. cannot reach agreement with your neighbours - then you should attempt to agree to appoint a lone independent surveyor to assess the case, without prejudice to either party and make an Award. This will probably save YOU money, if you are proposing the works. Alternatively, both parties can appoint their own surveyors who will then appoint a third if they cannot jointly agree the Award.
The Party Wall Act Award
The surveyor(s) draw up an award covering:
- The work to be carried out
- When and how work will be done
- Any additional work to be done to prevent damage
- Often contains a record of the condition of the properties prior to the building work
- Allows access for the surveyor(s) to inspect the work
- Who will pay for the work
- Who will pay the surveyor's fees for drawing up and administering the Award
The Award is legally-binding and final unless amended by a County Court decision. Appeal to the County Court should only be attempted / successful if the surveyor's decision is fundamentally flawed.