The Party Wall etc. Act 1996 covers different types of works; alterations to a shared party wall, the construction of new walls on the boundary and excavation work close to the neighbouring properties. The last is often overlooked by owners planning to extend their property.
Where works falls within the scope of the Act, it is required that the Building Owner serve notice and obtain the affected Adjoining Owner(s) consent to the works, if that consent is not forthcoming the parties are deemed to be ‘in dispute’ under the Act and surveyors must be appointed so that this dispute can be resolved by way of a Party Wall Agreement (referred to as an ‘Award.’)
Adjoining Owner(s) Often an Adjoining Owner only becomes aware of their neighbour’s plans to extend when a Party Wall Notice lands on their door mat. An Adjoining Owner has the option to either consent or dissent to a notice – if no response is made within 14 days the parties are deemed to be in dispute under the act. Where a dispute arises each Owner must appoint a surveyor so that a Party Wall Award can be agreed.
Although not stated in the Act the surveyors will Award that their reasonable fees must be paid by the Owner undertaking the works.
Building Owner(s) An Owner planning to undertake works that fall within the scope of the Act should start planning early; notice periods are up to 2 months depending upon the type of work but where complex works are to be undertaken it can take longer than that for an Award to be agreed.
We always advise Building Owners to speak to their neighbours before serving the formal notice. We further recommend that Building Owners have their plans checked over by an experienced Party Wall Surveyor to confirm whether the works come within the scope of the Act and if necessary draft the required notice(s).
The Act allows for the same surveyor to be appointed by each of the Owners; in that scenario the surveyor will act as ‘Agreed’ and impartially regulate matters affecting both owners. However, it is the prerogative of the Adjoining Owner to appoint their own surveyor, in which case, it is customary for the Building Owner to pick up both sets of reasonable fees.
The Government has produced a booklet to further explain the process, press on the attached link.
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