Party Wall Services

Simply put, it is a wall that divides two properties in separate ownership. A Party Wall may be built astride the boundary, and therefore, in the joint ownership of two or more neighbours, this includes horizontal and vertical boundaries within multiple occupancy structures (Type ‘A’), or it may be built solely on one owner’s land but provides a boundary between them (Type ‘B’). It is worth noting that the ‘etc’ element of the Act deals with structures in close proximity to each other that are not specifically party walls. This means that certain works considered likely to affect the neighbouring structure are deemed ‘notifiable’ under the Act and the building owner is required to serve notice upon the adjoining owner(s) before commencing works on site.

The Act details the specific notice periods applicable in each situation. If a dispute under the Act arises, the parties must either appoint their own Surveyor or concur in the appointment of an Agreed Surveyor per Section 10 of the Act. This appointment aims to resolve the dispute through a Party Wall Award.

A Party Wall Award (is sometimes incorrectly called a Party Wall Agreement) is a legally binding document drafted and served by the appointed Surveyors, or Agreed Surveyor, to resolve the dispute that has arisen between the parties to enable the works to proceed. An Award will set out the nature of the proposed works and the methods in which the works are to be carried out. It will further detail who is responsible for the cost of the works and associated fees, which in normal circumstances will be the Building Owner. In most circumstances, the Award will include a schedule of conditions to safeguard both parties’ interests and provide a record of the condition to make it easier to determine if the works and the extent of the damage caused have caused damage.

Party Wall Services provides expertise in this complex area of law in both residential and commercial property. For more information about Party Wall Services or if you have any queries relating to the Act, please contact us.

A ‘Schedule of Condition’ is a report recording the current condition of a property and will often include a photographic record. We will encourage the building owner/s to have a ‘Schedule of Condition’ of the adjoining owner’s property undertaken before the commencement of works to ensure that the condition of the property is agreed upon. This will thereby safeguard the interests of both parties.

A ‘Schedule of Condition’ can be referred to should damage later occur as a direct result of the works. The schedule, if undertaken, will become a part of the Award and, therefore, a legal record of the condition for later referral and can aid both parties in resolving any dispute.