Introduction into the Party Wall etc Act 1996
Introduction
Embarking on a construction journey or finding out that your neighbour is planning on undertaking building works can be both intriguing and complex, especially with regards to the Party Wall etc Act 1996 (the Act).
Amidst the excitement, it’s crucial to be well-versed in the complexities of the Act.
Whether you’re the building owner of the project or the recipient of a notice, understanding the nuances of this legislation will help on this journey. In this post, we’ll shed light on key aspects and what you need to know.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Understanding Notifiable Works:
Does the project (yours or your neighbours) include “Notifiable Works” or not?
- (1) If it does, then you need to serve a valid Notice for this work.
- (2) if it does NOT, no Notice is required and the Act does NOT apply.
Examples of such “Notifiable Works” are outlined below;
- New walls along the boundary (Section 1)
- Works to existing party walls or party structures (Section 2)
- Excavations within 3 meters or up to 6 meters from neighbouring structures (Section 6)
Examples of notifiable works often overlooked are listed below;
- Works to ceilings or floors within flats (Section 2)
- Excavating within 3 meters of your neighbours house (Section 6)
- Demolition works (Section 2 and 6)
- Excavations within 3 meters of Outbuildings or landscaping structures (Section 6)
- Reroofing if you are exposing a party wall to the outside elements (Section 2)
The project as a whole does not fall under the Act, only the “Notifiable Works” does.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Understanding the Notice:
The Party Wall etc Act 1996 process starts with a valid Notice. Without this notice, the process is void.
The Building Owner (or his Agent) must serve a valid notice on the Adjoining Owner. For the notice to be valid, it must include the following details;
- The particulars of the Building Owner and Adjoining Owner including their postal addresses.
- The correct forms and corresponding wording must be used for different sections of the Act i.e. sections 1, 3 or 6. a Section 6 notices also require specific drawings to be served with the notice to be valid.
- The notice must provide three options for the Adjoining Owner to consider:
- (Option 1) Consent
- (Option 2) Dissent/Agreed Surveyor route
- (Option 3) Dissent/Adjoining Surveyor route
- There are specific process in the Act with regards to serving the by first class post to start with.
Please remember an owner might be a freeholder, leaseholders, or long-term tenancy holders (over 12 months). An Owner may be a natural person or a company.
Many of the forms and templates provided online are unfortunately not valid. They also lack clarity on how to complete the notices correctly and what sections of the Act deal with what building works.
Notices must be responded to within set time periods, only counting working days. All responses must be in writing.
If an Adjoining Owner “Consent” to the notice (Option 1), the project may start, but if they “Dissent” (Option 2 or 3) the process will be undertaken by the Agreed Surveyor or the surveyors.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Clarifying Dissent:
Dissent does NOT imply objection to your project; rather, it refers to the appointment of a surveyor or surveyors to facilitate the process.
The Adjoining Owner has the right to appoint the Building Owner’s surveyor (Agreed Surveyor route), or they may choose to appoint an Adjoining Surveyor (each party appoint their own surveyor).
When a neighbour refuses to respond or is unable to respond the Building Owner’s surveyor will appoint an Adjoining Surveyor (Deemed Dissent) and the two surveyors will deal with the process under section 10(4) of the Act. Deemed Dissent only relate to section 2 and 6 works.
All appointments has to be in writing as per the Act.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Exploring your Rights:
The Party Wall etc Act 1996 may grant you additional rights, such as;
For the Building Owner;
- access to your neighbour’s garden to build a wall
- repair, rebuild, raise or thicken a party wall
- insert a steel beam or flashing into a wall
- your right to consult the third surveyor
For the Adjoining Owner;
- not to be unreasonably inconvenienced
- repairs or payment in lieu for damages as a result of the building works
- Security of Expenses (Funds to be held in a Serco account)
- Section 11(11) payments
- 1 month notice for section 1 and 6 works, but 2 months notice for section 2 works.
- your right to consult the third surveyor
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
What will the surveyor/s actually do;
Generally they will undertake the following services;
- Make sure the paperwork is in order and correct (Notices, appointments, consent forms, title registers etc)
- Provide general advice
- Appoint or select surveyors (section 10(4) and / or third surveyor)
- Undertake the schedule of conditions, listing any existing defects
- Check the drawings for compliance with the Act
- Prepare and serve the Party wall Award
- Stipulate access arrangement or financial contributions
- Deal with any damage claims
Typically these items fall outside the scope of the Act;
- Rights to Light
- Boundary disputes
- Easements
- Rights of way issues
- Trespassing
- Fences
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Financial Responsibilities:
While the building owner covers the expenses of the party wall process, it’s crucial that these costs remain reasonable, in accordance with the Act. On complex projects, a checking engineer may need to be employed. More detailed insights on this will be covered in a subsequent blog post.
Pitfalls and Misunderstanding;
We receive many enquiries from individuals who undertook building projects or permitted their neighbours to proceed with construction without adhering to the Party Wall etc Act 1996 procedures. At this stage, the construction work is often carried out unlawfully and without a comprehensive understanding of the Act. The most common problems and pitfalls associated with DIY party wall processes between neighbours typically include the following, based on our experiences assisting with numerous cases
- Trespassing and unlawful building work
- Invalid Notices.
- Lack of clarity over that was proposed and no paper work
- Walls are often in the wrong place relative to the boundary.
- Neighbours disagree over damage (who caused it) and how and when it will be repaired.
- External walls are confused for party walls and vice versa.
- Neighbours find out they have missed out on section 11(11) contributions
- Access rights have been abused
- Botched and poor detailing
- No thorough schedule of conditions was undertaking before the building works was undertaken
- Basements are built prejudicing future developments
- Enclosing onto an external wall of a building
- The list goes on…
Please consult a professional with experience and a good reputation to help you.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Conclusion:
In conclusion, this brief overview underscores the intricacies of the Party Wall etc Act 1996, emphasising the potential minefield of the Act and potential for construction mistakes. To navigate this complex terrain effectively, seeking professional guidance is not merely advisable but paramount.
The extensive body of literature and the array of court cases serve as cautionary tales, highlighting the costly consequences of construction related errors. Consulting with seasoned legal professionals who specialise in this field becomes a crucial step to proactively address potential pitfalls, rectify construction mistakes, and ensure compliance with the Act’s provisions. In doing so, one can fortify their position, mitigate risks, and steer clear of the adverse repercussions associated
Get in Touch regarding the Party Wall etc Act 1996:
For any queries or further discussion, feel free to contact us. I’m here to help.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Please find a link to the Government guidance document; The Party Wall etc Act 1996: explanatory booklet.
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