We are going to be looking at Party Wall Surveying procedures and whether serving a Party Wall Notice is a legal requirement for the building owner.
YES, IT IS
Simply speaking, yes serving a Party Wall Notice is a legal requirement, if the building owner’s works fall under the realm of the Party Wall etc Act 1996.
If this is the case, then the building owner has a statutory duty to serve a Party Wall Notice to adjoining owners who could be affected by the planned works.
WHAT WORKS FALL UNDER THE PARTY WALL ETC ACT 1996?
The types of planned works that fall under the Party Wall etc Act 1996 are covered and set out under Sections 1, 2, and 6.
BUILDING WALLS
Section 1 of the Act relates to the erection of new Party Walls or Party Fence Walls (garden walls) being constructed astride or up to the line of junction (boundary line).
If any of the planned works fall under section 1 of the Act, the building owner would be required to serve a Party Wall Notice upon the adjoining owners a minimum of 1 month before the planned works are able to take place.
WORKS TO A PARTY WALL, PARTY FENCE WALL (GARDEN WALL) OR PARTY STRUCTURE (FLOOR OR CEILING SEPARATING FLATS)
Section 2 of the Act relates to works that take place to a Party Wall, Party Fence Wall or Party Structure.
Covering three different areas of a property, this section of the Act encompasses a range of different works, however commonly includes;
- Installing/Injecting a damp proof course
- Completing a loft conversion
- Internal changes such as renovation, removing internal walls or chimney breast removal
- Rebuilding or repairing a garden wall
- Changing Roof Coverings
If any of the building owner’s planned works fall under section 2 of the Party Wall etc Act 1996, this would require service of a Party Wall Notice upon the adjoining owner a minimum of 2 months before the planned works are able to take place.
EXCAVATIONS WITHIN 3 OR 6 METRES
Section 6 of the Act is in relation to planned excavations.
This comes into play if the building owner’s planned works involve excavations taking place in close proximity to the adjoining owner’s property.
This typically being within 3 metres, with the excavations being dug to a lower depth then the adjoining owner’s property foundations.
If the planned excavations are very deep which is often required for basement conversions, retaining walls, areas with high tree density or pilled foundations, the proximity distance increases to 6 metres.
If this is the case, the building owner would be required to serve a Party Wall Notice upon adjoining owners a minimum of 1 month before the planned works are able to take place.
WHAT HAPPENS IF the BUILDING OWNER DOES NOT SERVE A PARTY WALL NOTICE?
One of the downsides of the Party Wall etc Act 1996 is that there is no punishment or penalty to a building owner directly stated within the Act for not serving a Party Wall Notice.
Instead, if Party Wall Notice isn’t served, it would be up to the adjoining owner to apply for a Party Wall Injunction.
If a Party Wall Injunction is applied for, this would mean that the building owner would be forced to halt their works while the injunction is in effect.
If they ignore this then they could face imprisonment, however in practice, justice is more likely a fine as well as any costs the adjoining owner has incurred.
Party Wall Injunction costs can easily range from £5,000.00 – £20,000.00 with costs likely including surveyor fees, solicitor fees, barrister fees and court costs.
Although it is worth noting the building owner is only going to be held liable for these costs if the courts uphold the Injunction.
Party Wall Injunctions are no small feat, we would always recommend consulting a solicitor who specialises in Party Wall matters if you are considering gaining a Party Wall injunction.