Thank you, for clicking on today’s Property Surveying blogpost topic. Today, we are going to be taking an in-depth look at party wall surveying procedures. In particular, we are going to be taking a look at Party Wall Notices, and the three Party Wall Notice responses that an adjoining owner has open to them once they have been served a Party Wall Notice by the building owner.
Through our weekly surveying blogposts, we aim to discuss some of the more complicated and tricky surveying profession that our surveyors deal with on a daily basis.
Party wall surveying is something that we specialise in here at Stokemont.
Over the years we have seen all types of disputes through a range of different types of works, whether it be a loft conversion, removal of chimney breast, property extensions, underpinning, or more complicated works such as basement conversions.
Under the Party Wall etc Act 1996, the building owner, who is the legal owner planning to undertake works to their property, has a legal duty to serve a Party Wall Notice upon the adjoining owner, who is the legal owner neighbouring the works.
This legal duty requires the building owner to serve a Party Wall Notice upon the adjoining owner in advance of the proposed construction works commencing.
The timings for which a Party Wall Notice will need to be served upon an adjoining owner, in advance of the works, very much depends on the type of works that are taking place. However, the statutory requirements are either a minimum of a one-month Notice period, or alternatively a minimum of a two-month Notice period.
We are now going to take a closer look at the various different types of works that fall within the realm of the Party Wall etc Act 1996, so that we can fully advise you as to whether a Party Wall Notice is due, and as to whether the works fall within the realm of the Party Wall etc Act 1996.
Party Wall Notice Requirements
Section 1 of the Party Wall etc Act 1996
Construction of wall up to, or astride, the boundary line
The first section under the Party Wall etc Act 1996 that requires the service of a Party Wall Notice is Section 1 of the Act.
Section 1 of the Act covers any works up to, in close proximity, or astride the boundary line.
The boundary line would be the edge of the property’s boundary, and the separation with any neighbouring land or property.
If the building owner is planning on undertaking works, and in particular the construction of a new wall, within the vicinity of this line, then under the Party Wall etc Act 1996, and in particular Section 1, they are required to serve a Party Wall Notice upon the adjoining owner.
The statutory Notice period required under Section 1 of the Party Wall etc Act 1996 is a minimum of one month.
This frequently means that the building owner will need to serve this Party Wall Notice upon the adjoining owner a minimum of one month before they plan to actually commence or start their proposed construction works.
Common works that fall within the realm of Section 1 of the Party Wall etc Act 1996 are:
- Flank walls of new extensions, whether this be a front, side or rear extension.
- Construction of new boundary walls, or garden fences up to, or in close proximity to, the boundary line.
- Or, any other works that are in close proximity to the boundary line itself.
One of the key benefits of Section 1, is that it gives the building owner the legal right of access onto an adjoining owner’s land.
This legal right comes under Section 8 of the Party Wall etc Act as follows:
Importantly, the service of a Section 1 Notice will enable the building owner’s contractors and workmen safe passage and working area in order to adequately, safely and suitably construct the proposed new flank wall.
This access right will have to be granted by way of a Party Wall Award, however that being said, the benefit of gained access is a uniquely rare addition to the Party Wall etc Act and can go a significant way to aid a building owner with their construction plans.
Section 2 of the Party Wall etc Act 1996
Works directly to a party wall, party fence wall, or party structure
Section 2 of the Party Wall etc Act 1996 deals with any works to a party wall, party structure (ceiling or floor) or party fence wall (shared garden wall).
Under the requirements of the Act, a building owner will need to serve a Party Wall Notice upon the adjoining owner a minimum of two months in advance of their planned construction works to this wall or structure.
Section 2 of the Party Wall etc Act 1996 is one of the wider and larger sections of the Act, and has the largest coverage in respect of the type of works it deals with.
Commonly, Section 2 works are as follows:
- Removal of chimney breast.
- Insertion or removals into the party wall, commonly for the insertions of beams or wall starters.
Loft Conversions
Exposing party walls through the course of renewing and upgrading roof coverings, or undertaking loft conversions
- Damp-proof courses.
- Weathering/flashing details.
- Underpinning a party wall.
- Cutting anything away from a party wall or party structure.
All of these works are likely to form part of your conventional construction works such as loft conversions, rear extensions, internal alterations or general refurbishment and upgrade.
Section 6 of the Party Wall etc Act 1996
Adjacent Excavation
The final section of the Party Wall etc Act 1996 that requires the service of a Party Wall Notice is Section 6.
Section 6 of the Act sets out that the building owner will need to serve a Party Wall Notice upon the adjoining owner a minimum of one month in advance of the works commencing.
The type of works that fall within the realm of Section 6 of the Act are effectively any excavations that are within 6m of a neighbouring structure, importantly with those excavations also being deeper/lower than the foundations of the structure to which they adjoin.
Commonly, here at Stokemont, we ask how a party wall surveyor can know that the works being proposed are indeed deeper than the neighbouring structure.
We would answer this by the surveyor making a reasoned and assessed judgement on the condition and age of the neighbouring property.
With the majority of property in England and Wales being built around the turn of the century or the 1930s, the foundations, depth and profile of these types of properties are always the same. They would all benefit from a corbel fitting, often being no more than 600mm deep.
Modern construction techniques have taken note of the failures of the past, therefore new extensions and construction will always require foundations to be a minimum of 1m deep, and often concrete.
This effectively means that new foundations are always going to undermine those that are more historic.
Herein lies how the Party Wall etc Act 1996 comes into play.
Section 6 of the Act is commonly dealt with for proposed extensions, side, front or rear.
It can also be dealt with under any internal alterations to the ground floor, whereby pad foundations, ground beams or ground support is required.
Once an adjoining owner has been served a Party Wall Notice, they will have the legal right to either consent or dissent to the Party Wall Notice.
We will take a look at this in our second series of this blogpost. If you would like to take a review and read of this, click on the link below and we will be more than happy to discuss the next stages of the Party Wall etc Act 1996.Equally, if you would like to discuss any party wall surveying matters with our team of experienced and qualified building surveyors and party wall surveyors, please feel free to give us a call today, and we will be more than happy to assist and advise you.
