Party Wall Act 1996
The Act provides a Building
Owner, who wishes to carry out various sorts of work to an existing
party wall, with additional rights going beyond ordinary common law
rights.
The most commonly used rights
are:
• to cut into a wall to take the bearing of a beam (for example for a loft conversion), or to insert a damp proof course all the way through the wall.
• to raise the height of the wall and/or increase the thickness of the party wall and, if necessary, cut off any projections which prevent you from doing so.
• to demolish and rebuild the party wall.
• to underpin the whole thickness of a party wall.
• to protect two adjoining walls by putting a flashing from the higher over the lower, even where this requires cutting into an Adjoining Owner's independent building.
If you intend to
carry out any of the works mentioned, you must inform all Adjoining
Owners. You must not even cut into your own side of the wall without
telling the Adjoining Owners of your intentions.
The Act contains no
enforcement procedures for failure to serve a notice. However, if you
start work without having first given notice in the proper way,
Adjoining Owners may seek to stop your work through a court injunction
or seek other legal redress.
An Adjoining Owner cannot stop
someone from exercising the rights given to them by the Act, but may be
able to influence how and at what times the work is done.
The Act also says that a
Building Owner must not cause unnecessary inconvenience. This is taken
to mean inconvenience over and above that which will inevitably occur
when such works are properly undertaken.
The Building Owner must
provide temporary protection for adjacent buildings and property where
necessary. The Building Owner is responsible for making good any damage
caused by the works or must make payment in lieu of making good if the
Adjoining Owner requests it.
It is obviously best to discuss your planned work fully with the Adjoining Owners before you (or your professional adviser on your behalf) give notice, in writing, about what you plan to do. If you have already ironed out possible snags with your neighbours, this should mean that they will readily give consent in response to your notice. You do not need to appoint a professional adviser to give the notice on your behalf.
Whilst there is no official form for giving notice under the Act, your notice must include the following details:
• Your own name and address (joint owners must all be named, e.g. Mr A & Mrs. B Owner).
• The address of the building to be worked on (this may be different from your main or current address).
• A full description of what you propose to do (it may be helpful to include plans but you must still describe the works).
• When you propose to start (which must not be before the relevant notice period has elapsed).
The notice should
be dated and it is advisable to include a clear statement that it is a
notice under the provisions of the Act. You may deliver the notice to
the Adjoining Owner(s) in person or send it by post. Where the
neighboring property is empty or the owner is not known, you may
address the notice to "The Owner", adding the address of the premises,
and fix it to a conspicuous part of the premises. You do not need to
tell the local authority about your notice. The notice should be served
two months before the planned starting date for work to the party wall.
The Adjoining Owner may agree to allow works to start earlier but is
not obliged to even when agreement on the works is reached. The notice
is only valid for a year, so do not serve it too long before you wish
to start.
Agreements must always be put in writing.
If you cannot reach agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an "Agreed Surveyor" to draw up an "Award". The Agreed Surveyor should NOT be the same person that you intend to employ or have already engaged to supervise your building work. Alternatively, each owner can appoint a surveyor to draw up the award together. The two appointed surveyors will select a third surveyor (who would be called in only if the two appointed surveyors cannot agree).
In all cases, surveyors
appointed under the dispute resolution procedure of the Act must
consider the interests and rights of both owners and draw up an award
impartially. Their duty is to resolve matters in dispute in a fair and
practical way. Where separate surveyors are appointed by each owner,
the surveyors must liaise with their appointing owners and put forward
the respective owners' preferred outcome. However, the surveyors do not
act as advocates for the respective owners. They must always act within
their statutory jurisdiction and jointly prepare a fair and impartial
award. The surveyor (or surveyors) will prepare an "award" (also known
as a "party wall award").This is a document which:
• Sets out the work that will be carried out.
• Says when and how the work is to be carried out (for example, not at weekends if the buildings are domestic properties).
• Specifies any additional work required (for example necessary protection to prevent damage).
• Often contains a record of the condition of the adjoining property before the work begins (so that any damage to the adjoining land or buildings can be properly attributed and made good).
• Allows access for the surveyor(s) to inspect the works while they're going on (to see that they are in accordance with the award). Below is an example of a letter that could be served on an adjoining neighbour:
Example
letter - Party Structure Notice.
To Adjoining Owner
Of Adjoining Owner's main address
Date
Dear title
The Party Wall etc Act 1996
Notice of proposed works - Party Structure Notice.
As the owner/s of Building Owner's building which is adjacent to your premises at Adjoining Owner's building I/we Building Owner of Building Owner's main address notify you that in accordance with our rights under section 2 of the Party Wall etc Act 1996 I/we intend to carry out building works.
The proposed
works are: description of the work
I/we intend to start works on date of works if you want to start within the 2 month notice period add - or on the earlier date of [date] with your written agreement
If you are content for the works to go ahead as proposed please complete, sign and return the attached letter within 14 days of receiving this letter.
If you do not confirm in
writing that you are content for the work to go ahead as proposed we
will be 'in dispute' under the Act.
In the event of any dispute between us under the Act, would you be willing to agree to the appointment of an 'Agreed Surveyor'?
If the answer is yes I suggest
using Agreed Surveyor's name but would be happy to receive your
alternative proposal.
If the answer is no, please
let me know whom you would appoint as your surveyor.
Yours sincerely
Building Owner's signature/s
