We are going to be looking into the Party Wall etc. Act 1996 (the Act) and the importance of advising your neighbours of construction works that fall within the remit of the Act.
If you are a building owner who is undertaking construction works, they may be notifiable to your neighbours under the Party Wall etc. Act 1996.
PARTY WALL WORKS
Construction works that fall within the Act are wide ranging and include;
Building up to or astride the line of junction between you and your neighbour’s property
Undertaking works directly to a party wall, party fence wall (a garden wall) or party structure (the ceiling or floor within a flat or leasehold property)
Excavating within 3m of any neighbouring property, or 6m of any neighbouring property if the foundations are deeper then average.
PARTY WALL NOTICES
When undertaking these works, as the building owner you are legally required to serve a party wall notice upon all relevant adjoining owners.
PARTY WALL NOTICE REQUIREMENTS
The party wall notice should be clearly addressed the legal owner of the adjoining property.
It should clearly state the date of the planned works.
Finally, it should clearly explain the proposed works and which sections of the Act they fall within.
PARTY WALL NOTICE RESPONSES
Upon receiving the party wall notice, the adjoining owner will then have three response options available to them:
CONSENT
Firstly, they can consent to the notice which would give the building owner the legal right to proceed with their proposed works.
If the adjoining owner respond in this manner, they essentially reserving their right to be protected under the Act and the matter and the Act’s procedures are placed on hold.
DISSENT
Alternatively, the adjoining owner has the right to dissent to the party wall notice and either appoint an agreed surveyor or their own independent party wall surveyor.
If this is the adjoining owner’s response, the party wall surveyor(s) will then visit the adjoining property to undertake a schedule of condition report, following which they will write up the party wall award.
PARTY WALL AWARD
A party wall award governs the building owner’s works and provides the adjoining owner with full legal protection in the event of damage as a result of the construction works.
COSTS AND SURVEYOR FEES
The adjoining owner will not be liable for any of the cost related to the Act’s procedures.
This means that the building owner will be liable for not only their surveyors fee but also the fee for the adjoining owner’s surveyor.
Our advice to building owners, is that you should always seek to make contact with the relevant adjoining owners prior to serving party wall notice upon them.
Ideally you should show the adjoining owner the proposed drawings and explain the works to them, answering any queries they may have.
This forward thinking neighbourly approach will achieve the best outcome and lend itself to an informed adjoining owner.