P a r t y W a l l A g r e e m e n t s
The Party Wall Act (1996)
A wall is a "party wall" if it stands astride the boundary of land belonging to two (or more) different owners. Some kinds of work carried out to a property may not be controlled by the Building Regulations, but may be work which is covered by the Party Wall etc. Act 1996. This is a separate piece of legislation with different requirements to the Building Regulations.
A booklet has been produced by DCLG to explain in simple terms how the Party Wall etc Act 1996 ("the Act") may affect someone who either wishes to carry out work covered by the Act (the "Building Owner"), or receives notification under the Act of proposed adjacent work (the "Adjoining Owner").
This booklet has been simplified and updated to provide some answers to regularly asked questions. For example: what a party wall award can cover, what to do if a building becomes unsafe or there is excessive noise from the work being carried and the role of the surveyor:
Why Do I Need A Party Wall Agreement?
If you are proposing to carry out building works which involve work on an existing wall or structure shared with another property, constructing a free standing wall or wall of a building up to or abutting the boundary with a neighbouring building, or excavating near to a neighbouring property, it is very likely that you will require a Party Wall Agreement.
If a party wall agreement is necessary, the first stage is to submit a formal notice with a description and set of drawings of the construction work that is being proposed to the relevant neighbours. The neighbours will then have the opportunity to review the paperwork and either consent to the works or dissent. It is more common than not for a neighbour to dissent and appoint their own party wall surveyor. Under the Party Wall Act, the person proposing the construction works is also liable for the payment of the neighbours party wall surveyors. The party wall surveyors will then draw up a schedule of condition of the two properties and agree any special conditions or payments that may be required to obtain consent to the building works.
Helping You To Secure Party Wall Agreements & Awards
Whenever you are undertaking major works to the shared outer walls or roof of a property you will need a party wall agreement. The legislation was put in place to protect neighbour’s property from damage caused by other people’s building works. If you are unsure as to whether you require one, you should always check before commencing any work, as failure to do so can be very costly and you may even be forced to undo some of the work you have undertaken.
Design Solutions has extensive experience of handling party wall agreements, even when neighbour's have particular concerns over the proposed building work.