Party Wall etc. Act 1996

Party Wall Agreement is a legal requirement which is typically required when one property owner plans to carry out construction or renovation work that may affect a shared wall, boundary, or structure. The term "party wall" generally refers to a wall or structure that separates two or more properties, such as a wall in a semi-detached house, a terrace, or a boundary wall between two properties.

In the England and Wales, the party wall agreements are governed by the Party Wall etc. Act 1996. This act provides a framework for resolving disputes and ensuring that both parties are protected when work is done on a party wall or near a shared boundary. The agreement helps prevent disputes over damage or disruption caused by the work and ensures that both parties are aware of their rights and obligations.

Works covered by the act

• Building or altering a party wall (e.g., removing chimneys or altering an existing wall, loft conversion).
• Excavation near a party wall or boundary, such as digging foundations for extensions like rear or side extensions or excavating for a basement.
• Work that might affect the structural integrity of a shared wall or boundary (e.g., underpinning, digging, or demolition).
• Cutting into the wall (e.g., creating doorways or windows in a shared wall).

Key Steps in the Party Wall Process:

• Serving Notice: The party proposing the work must serve a formal notice to the adjoining property owner(s) at least two months before the work starts. This notice will describe the planned work and may include detailed plans and diagrams.
• Consent or Disagreement: The adjoining owner has the right to consent or object to the proposed works. If the adjoining owner disagrees, a surveyor may be appointed to mediate the dispute.
  This can be one common surveyor (an Agreed Surveyor) who will represent both the parties impartially. Or both the parties can appoint the surveyor of their choice. In some cases, a third surveyor may be appointed to act impartially.
• Schedule of Condition: Once the surveyor(s) is appointed, the next step is to visit the adjoining owner's property to prepare a Schedule of Condition.
• Party Wall Award: the surveyors then draft a Party Wall Award, which outlines how the work should be carried out, ensuring that both parties are protected.
• Dispute resolution: Under the party wall agreement, dispute resolution is a critical component of the process. The appointed surveyor(s) ensures that any conflicts between adjoining property owners are handled fairly and effectively.

Consequences of not following the Party Wall ect. Act 1996:

• Injunction: The neighbour can seek an injunction to prevent the work from proceeding.
• Damage Liability: If the work causes damage to the adjoining property, you could be held financially liable for repairs or compensation.
• Penalties: You may be required to pay the legal costs of the neighbour and any surveyors involved in resolving the dispute.

Key Points:

• The Party Wall Act applies only to properties in England and Wales. Similar legislation exists in Northern Ireland, but it is governed by different rules.
• A party wall agreement is a legal requirement under the Party Wall Act 1996 in the UK when carrying out certain types of work that affect a shared wall or boundary.
• Failure to compliance could lead to significant delays, legal costs, or financial penalties.
• The act applies to residential and commercial properties alike.