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PARTY WALL Q & A

WHAT IS A PARTY WALL AGREEMENT

When works are proposed that may affect your neighbour and those works fall under the scope of the Party Wall Act, the Act allows for the appointment of surveyors or a single agreed surveyor to regulate matters between the property owners in accordance with the Act in relation to the works.  The party wall surveyor/s produce a document sometimes referred to as a party wall agreement (actual term is Party wall award).  The award sets out the rights of the building owner who is to undertake the works and it encompasses provisions to safeguard the rights of the adjoining owner/s.  The award will outline the works to be undertaken and it will set out the methodology and timing of the relevant works where necessary.  Included within the award would be a schedule of condition that records the condition of the adjoining property or properties prior to commencement of the relevant works.  This is used to compare the condition at the end of the works to ascertain if any damage was occasioned by the works.  The party wall award is a legally binding document.

 

DO I NEED A PARTY WALL AGREEMENT

The provisions of the Act extend to a number of prescribed construction operations that are to be undertaken to a party wall or within a specified distance of the boundary between properties.  Among other items of work, the operations include the construction of wall wholly on your own land but against the line of junction, the construction of a party wall or party fence wall astride the line of junction, excavations on your own land to specified depths and within specified distances of the adjoining property and works to existing party walls or party fence walls.  Prior to undertaking any of the operations that fall within the scope of the Act, you are required to serve notice on the adjoining property owner/s.  The notice must include all relevant detail in accordance with the Act.  The adjoining property owner/s can then consent to, or dissent from the works.  Where they consent, the Act does not require a party wall award be drawn up though an award can still be prepared to regulate matters if so required by the parties.  Where they dissent from the works, the mechanism of the Act is engaged and party wall surveyors or an agreed surveyor will produce a party wall award under section 10 of the Act.  If the adjoining owner/s fails to respond to your notice within a 14 day period, under the Act it is deemed that they have dissented from the works and the mechanism of the Act is engaged.

 

WHAT DO I DO IF I HAVE BEEN SERVED A NOTICE

When you receive a notice served under the Act, there would generally be an acknowledgement form attached for returning to the building owner.  Before completing the acknowledgement form you should contact a party wall surveyor for advice.  On occasion the proposed works may be very minor in nature and you may be advised that it is safe to consent to the work.  However, it is generally the case that the works will need to be regulated under the provisions of the Act and that your rights and the protection provided by the Act should be preserved.  In those circumstances you would be advised on how to respond to the notice and how to properly appoint your party wall surveyor.  Your appointed party wall surveyor would deal with matters on your behalf from that point on.  Under all normal circumstances all of your party wall surveyor’s fees and reasonable associated costs would be met by the building owner proposing to undertake the work, not by you.

 

WHAT IF I AM THE BUILDING OWNER AND I NEED TO SERVE NOTICE

It is always advisable to contact a party wall surveyor for advice as early as possible before you are ready to commence works.  The surveyor will advise you as to what items of work require the service of a notice under the Act and how to properly appoint your party wall surveyor.  For works that fall under the provisions of the Act, you must appoint a party wall surveyor.  Having been appointed, your party wall surveyor will serve a properly constituted notice on your behalf.  Some types of work require a minimum notice period of 1 month.  Other types of work require a minimum notice period of 2 months.  As the building owner, you will under all normal circumstances be responsible for all party wall surveyor’s fees (including the adjoining owners’ party wall  surveyor/s if they appoint an independent party wall surveyor) and reasonable associated costs.

 

HOW LONG WILL IT TAKE FROM SERVICE OF NOTICE TO PREPARATION OF THE AWARD

When the award has been distributed, there is a following period of 14 days in which either of the parties to the award can appeal the award.

 

WHAT IF I HAVE STARTED MY WORK NOT REALISING I SHOULD HAVE SERVED NOTICE

If the works you have commenced fall under the provisions of the Act, those works would be regarded as ‘unauthorised works’.   As such, the adjoining owner can take legal action against you to have the works stopped and they can claim their costs and damages from you.  If you have started the works and subsequently realised you should have served notice, you should stop the work and contact a party wall surveyor immediately for advice.  You would not benefit from the rights and protections offered by the Act in respect of the unauthorised works.

 

WHAT IF MY NEIGHBOUR HAS STARTED WORK WHICH I BELIEVE REQUIRED SERVICE OF A NOTICE

If you believe your neighbour has commenced works that fall under the Act and you have not been served notice, you should contact a party wall surveyor immediately for advice.  The Party wall surveyor will consider the works that are underway and will advise you as to whether notice should have been served.  You will be advised how to properly appoint your party wall surveyor and your appointed surveyor would take the necessary steps to afford you the rights and protections provided by the Act.

 


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