Thank you for clicking on today’s property surveying blog post. Today, we are going to be looking at party wall surveying procedures.
In particular, our party wall surveyors are going to be looking at party wall access.
Party wall access applies when the building owner, who is the legal owner undertaking the planned construction works, undertakes specific types of party wall works to their property.
The party wall access will apply to the neighbouring owner’s property, commonly and legally referred to as the adjoining owner.
In order for party wall access to apply, importantly, the building owner must meet the statutory requirements in respect of their planned works, with those works giving them the legal right of access.
The works that ordinarily give a building owner legal rights of access are as follows:
Undertaking works directly to a Party Wall
Undertaking works directly to a party wall such as raising a party wall, will give the building owner a legal right of access onto the adjoining owner’s land.
The right of access will be strictly to undertake the necessary raising of the party wall, the premise being that the party wall is a shared structure, therefore, the building has the legal right to raise that structure. Furthermore, with that access coming by way of protection and safety of the building owner’s contractors which are in the course of that element of the works specifically.
Demolishing and Rebuilding a Party Fence Wall
Demolishing and rebuilding a party fence wall is also commonly known as demolishing and rebuilding a garden wall.
Garden walls, when in shared ownership, will often find themselves in disrepair by the very nature of the type of construction.
The building owner therefore, has a legal right to maintain and upkeep the dilapidated party fence wall. However, they also have the legal right to demolish and rebuild a party fence wall, as a party wall, often with that party wall forming the flank of their planned extension.
These works will also give a building owner the legal right of access onto an adjoining owner’s property.
New Walls
The final section of the Party Wall Etc Act 1996 that gives a building owner the legal right of access is the construction of new walls up to, or astride, the boundary line.
If the building owner is planning on building a new wall in close proximity, or up to the boundary line, they will be given the legal right of access onto the adjoining owner’s property.
The premise and logic behind this, is that it will allow the building owner to safely construct their planned wall, while also being given the opportunity to sufficiently finish it by way of pointing brickwork, rendering blockwork or cladding the wall.
Party Wall Access Provisions
While the Party Wall Etc Act 1996 does indeed give a building owner the legal right of access under Section 8 as follows:
A building owner, his servants, agents and workmen may during usual working hours enter and remain on any land or premises for the purpose of executing any work in pursuance of this Act and may remove any furniture or fittings or take any other action necessary for that purpose
It is important to note that this legal right of access will be specifically controlled and limited to the absolute necessary required.
Provisions such as work timings, duration and hours of access, length of access and contractor method during course of access, will all respectively apply. All of these points will respectively apply, meaning that the building owner needs to ensure their contractors specifically abide by the wording and agreement that the party wall surveyor has agreed.
Party Wall Access by way of Party Wall Award
In order for a building owner to gain the legal right of access, it must be done so via a Party Wall Award. The Party Wall Award is the statutory legal document that can only be prepared in the event of a Party Wall Notice dissent.
We have other blog posts, but look at Party Wall Notice responses and specifically, Party Wall Notice Dissent. If indeed you are unfamiliar with this phraseology and wording, we would advise taking a further read and look at those specific blog posts which deal with that in greater detail.
A Party Wall Award will not only set out legal provisions that the building owner must adhere to, it will importantly put in place stipulations and requirements that their contractors need to abide to during the course of any planning and awarded access.
As set out above, these provisions and clauses are likely going to significantly limit the building owner’s rights of access to the absolute necessary.
The logic behind this is that the building owner is not given carte blanche to have access for the entirety of their build, as this would be deemed unnecessary and inconvenient upon the adjoining owner in accordance with Section 7 (1) of the Party Wall Etc Act 1996 as follows:
A building owner shall not exercise any right conferred on him by this Act in such a manner or at such time as to cause unnecessary inconvenience to any adjoining owner or to any adjoining occupier.
Party wall access is naturally going to be a bone of contention for adjoining owners. The Party Wall Etc Act 1996 is one of the few Acts which gives a building owner the legal right of access onto an adjoining owner’s land. For this reason, adjoining owners’ will often, naturally, be taken aback by the building owner’s option and legal freedom to come onto their land to build and construct.
If indeed you are concerned about party wall access or, if you are concerned about your neighbour’s planned construction works, we would advise taking advice from a party wall surveyor as soon as possible.
Ultimately, the party wall surveyor will be able to specifically determine whether Section 8 of the Party Wall Etc Act 1996 applies.
Furthermore, the party wall surveyor will be able to give you a firm idea of the specific type of protective clauses that are likely to come into play by virtue of the access.
Finally, they are likely to be going to be able to give you some idea of timing that the building owner’s contractor is likely to be legally awarded in respect of any planned access.
If you have a party wall enquiry and would like to speak to a team of experienced and qualified party wall surveyors, please feel free to give us a call today. We will be more than happy to assist and advise you.
