Property Development & Party Walls

The do’s and don’ts of party walls

If you are thinking of undertaking development work at your property, caution will be needed if you have a party wall, as specific rules apply about what you can, must and must not do. In this article, we take a closer look at the planning and regulation issues in respect of party walls.  

What is a party wall?     

A party wall is a wall that stands on the land of two or more owners and either: 

• forms part of a building 

• does not form part of a building but might be a garden wall  

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls. You can also have a ‘party structure’ such as a floor that separates buildings or parts of buildings with different owners.  

What laws and planning regulations apply to party walls?   

The Party Wall Act 1996 covers works of construction on or at boundaries, including works of excavation, the construction of foundations within certain distances of adjacent structures and construction of new walls. However, note that the Party Wall Act applies only to England and Wales and does not apply in Scotland and Northern Ireland.  

What are the requirements?  

The Act sets out a procedure that must be followed. Failure to comply can delay your project and could give rise to a claim for compensation. Although the Party Wall Act contains no enforcement procedures, if you start work without having first given notice in the proper way, the adjoining owners may seek to stop your work through a court injunction.  

You must give at least two months’ written notice to all adjoining owners (your neighbours) before starting work. Adjoining owners may agree to allow works to start earlier than two months, but they don’t have to. The notice you serve is only valid for a year. 

An adjoining owner is anyone who is an owner of land, buildings or rooms adjoining those of the building owner, which may include the local authority. 

Other requirements of the Party Walls Act  

As the building owner, you must provide temporary protection for adjacent buildings and property where necessary and make good any damage caused by the works (or make payment in lieu). You must also not cause unnecessary inconvenience. In return, your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works, although you must give them 14 days’ notice (unless it’s an emergency). 

Agree or disagree  

When they receive the notice, your neighbour can agree, refuse consent or serve a counter notice requesting additional works be done at the same time. Your neighbour needs to respond in writing within 14 days. If they serve a counter notice, they must do so within a month of your notice and you’ll need to respond to that in 14 days.   

You cannot start works without your neighbour’s written agreement. If they don’t agree, you will need to appoint a surveyor to prepare a Party Wall Award and the Dispute Resolution process will be triggered. Do not assume that no response means they agree to the works. The Dispute Resolution process is triggered if they don’t respond.  

Dispute Resolution  

You can either jointly appoint a surveyor or each appoint your own. The surveyors will then agree on a Party Wall Award. This is a legal document which says: what work should happen, how and when it will be carried out, who will pay for which part and how much will be paid (including surveyor’s fees). You must have an Award before you can start work. The fees of the surveyors and any additional advisors will normally fall on the building owner serving the notice or be apportioned between the owners.  

If you don’t agree with the surveyor’s award, you can appeal to the county court within 14 days. 

Practical considerations  

If you are planning any works that may involve a party wall, it’s important to be proactive. Start by speaking to your neighbour. You still have to comply with the procedure outlined herein, but it often mitigates future problems.  

In situations where the status of the wall is unclear, instruct a surveyor. You may also need professional advice about who qualifies as an adjoining owner. For example, occupiers with tenancies of a year or less are not entitled to notice but may have other rights. You should also check your property deeds for any other restrictions in respect of what you can do.  

If you have received notice of works from a neighbour, consider instructing a surveyor or solicitor in respect of whether you should consent and to ensure you understand the full implications of the works proposed.  

Meticulous record keeping is also important. Prepare and, where possible, agree a Schedule of Condition of the wall and adjoining buildings prior to works and keep full details of when documents were served or received.  

The intent behind the legislation is good: to protect both you and your neighbours whilst enabling you to carry out reasonable works. Compliance is essential.  

If you would like to discuss a property development or party wall issue, please get in touch.  

The legal content provided by RSW Law Limited is for information purposes only and should not be relied on in any specific case without legal or other professional advice. 

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