In this blog post, I am going to be discussing Party Wall Surveying procedures will be taking a look at when the Party Wall etc Act 1996 applies and in what circumstances. To start, I thought it would be helpful to give a little context.
What is a Party Wall?
A Party Wall is a legal term, under the Act there are two different types of Party Wall:
- A wall that stands across a boundary land which belongs to 2 different owners (or more).
- A wall that stands solely on a single owner’s land but is used by more than one owner to separate their buildings.
What is a Party Structure?
A Party Structure is the structure or floor that will separate the buildings or various sections of the buildings which may be owned by different owners.
Commonly this would be the ceiling and floor between flats. It is effectively the structure that creates the physical separation of 2 properties.
A Party Structure Notice will need to be served and this is simply where the building owner of a property aims to commence building work which relates to the Party Wall etc Act 1996 within Sections 1, 2 and 6.
What is a Party Fence Wall?
The Party Wall etc Act 1996 will apply if you carry out specific building work to your property. Examples of these type of construction works are:
Section 6 of the Act:
- Rear extensions (however, only if the new excavations for the proposed foundations are deeper than the adjoining owner’s foundations) and within a distance or 3 or 6 metre.
- Construction of a wall for extension i.e. towards the boundary line or placed on the boundary.
Notice is necessary if there are construction works or any repairs of walls within a ‘Line of Junction.’
Section 1 also has an effect where lands of different building owners adjoin this is also where no building is located on a line of junction other than a boundary wall.
A building owner may want to construct a party or a fence wall on the ‘Line of Junction,’ if so they will need to provide a notice to the neighbouring owner (adjoining) at least a month in advance of works commencing. By having the adjoining owner agree to the works, the wall can be constructed half within the land of the two (or more) owners.
If the adjoining owner does not consent to the works scheduled, the building owner can still construct the wall but would be liable for the full costs and the wall would need to be constructed on his own land. The building owner would still need to serve an adjoining owner notice on the description of the planned wall.
Section 2 of the Party Wall etc Act 1996 covers the owners’ rights regarding the repairs of Party Wall or Party Structure.
- When carrying out loft conversions and if the conversion involves cutting within boundary walls for support of new beams.
- Removing and reconstructing a party wall.
- Fitting a damp-proof course or increasing the thickness.
An example of works being linked directly to a party wall is when a building owner can perform other required works related to the party structure with the property it adjoins, and to raise a party fence wall or any wall to use as a party wall.
Section 2 also allows a building owner to demolish a party fence wall and re construct is a party wall.
The Party Wall etc Act 1996, doesn’t apply if the proposed construction works are superficial or aren’t intrusive, examples of these are:
- Rewiring of electrics
- Installing shelves
- Wallpapering
- Plastering of walls
Within the Party Wall etc Act 1996 the phrase ‘Notifiable’ is used, and this is for the construction works that will be occurring on the building owner’s property and fall within the remit of the Act.
When you are undertaking works to your property that are Notifiable, you are required by law to give Party Wall Notice.
The Party Wall Notice will include:
- The date the construction works will begin.
- Description of the proposed work.
- The addresses and names of all parties relevant/affected.
- The notice should also include the description of the proposed work.
What are the Party Wall Surveying Procedures?
When providing the Notice, the building owner should provide sufficient information in order to allow the adjoining owner to think properly about the works to be undertaken (to avoid the need for a Party Wall Award), so careful consideration must be done so errors are avoided.
Having errors can invalidate the Party Wall Notice or the following Party Wall Award.
The length of Party Wall Notice that needs to be provided to the adjoining owner depends on the type of work. So, the building owner should aim to provide at least:
- 1 months’ notice of Section 1 works typically falls under line of junction Notice.
- 2 months’ notice of Section 2 works typically falls under Party Structure Notice.
- 1 months’ notice of Section 6 works typically falls under an adjoining excavation Notice.
There is also a section 6 notice that involves an additional section and plan presenting the proposed depth of the excavation.
Once the adjoining owner has received the Party Wall Notice, they should act accordingly and ensuring that they do not delay the response.
The adjoining owner is given 14 days to respond by giving consent. If there is no consent given or if the adjoining owner dissents to the planned works, Party Wall Surveyors would need to be contacted in order for a ‘Party Wall Award agreed’ before any works commence.
If you are unsure about what action to take, then please do get in touch with us here at Stokemont, we are more than happy to assist.
