The Party Wall Act

What is the Party Wall Act?

The Party Wall Act 1996 is a comprehensive legislation that addresses various issues related to party walls, boundary walls, and excavations near adjoining buildings. It was enacted to provide a legal framework for resolving disputes arising from such situations and to protect the rights and interests of all parties involved.

One of the main aspects of the Act is the party wall notice. This notice must be served by the building owner to the neighbouring property owner, formally notifying them of the proposed construction or alteration works on or near the shared or adjoining wall. The notice should be provided at least two months before the intended start date of the works, allowing the adjoining owner time to respond and take any necessary action.

Upon receiving the party wall notice, the adjoining owner has several options. They can give their consent to the proposed works, which would result in a party wall agreement being reached between the parties involved. This agreement sets out the specifics of the works, including access arrangements, working hours, and any necessary safeguards. It ensures that both parties’ interests are taken into consideration and provides a clear understanding of their rights and obligations.

However, if the adjoining owner dissents or fails to respond to the party wall notice within 14 days, a dispute arises, and the Act provides for the appointment of party wall surveyors. Each party can appoint their own surveyor, or they can agree on a single impartial surveyor who will act on behalf of both parties. The surveyor(s) will assess the proposed works, consider the impact on the adjoining property, and aim to reach an agreement or produce a party wall award.

A party wall award (agreement) is a legally binding document that outlines the rights and responsibilities of each party involved. It specifies the scope of the works, any necessary precautions, and the resolution of any disputes that may have arisen. The award ensures that the building owner can proceed with the works, while also protecting the adjoining owner’s interests and ensuring they receive appropriate compensation or remedial action if necessary.

Overall, the Party Wall Act 1996 facilitates the fair resolution of disputes between neighbouring property owners and provides a structured and transparent process for undertaking construction works that may affect shared or adjoining walls. It promotes communication, cooperation, and the protection of rights for all parties involved.