Building Owners
The Party Wall etc. Act 1996 is a UK law that provides a framework for preventing and resolving disputes related to party walls, boundary walls, and excavations near neighbouring buildings. It primarily applies in England and Wales.
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Who is the "Building Owner"?
A Building Owner under the Act is the individual or entity undertaking construction work that affects a party wall, party fence wall, or excavation work near a neighbouring property.
What is a Party Wall?
A party wall is a wall that:
- Divides two properties and is shared by two owners.
- Sits on the boundary line between two properties but is used by only one owner.
- Includes floors or ceilings between two flats in a building.
Responsibilities of the Building Owner Under the Party Wall Act
If a Building Owner wants to carry out specific works that affect a party wall, they must follow a legal process under the Act. This ensures the work is done safely and fairly while protecting both parties.
1. Types of Works Covered by the Act
The Act applies if the Building Owner plans to:
- Build a new wall on the boundary line.
- Conduct work on an existing party wall (e.g., cutting into it, raising it, thickening it, demolishing and rebuilding it).
- Carry out excavation work within 3-6 meters of a neighboring building, depending on the depth of the excavation.
2. Serving a Party Wall Notice
Before starting work, the Building Owner must notify all affected neighbors (referred to as Adjoining Owners) by serving a Party Wall Notice.
Contents of the Notice
The notice must include:
- Full details of the proposed work (e.g., drawings, scope, and methodology).
- The planned start date (usually not less than 1-2 months after notice).
- The rights under the Act that the Building Owner is using.
- The name and address of the Building Owner.
Timeframes for Serving Notice
- Two months before works on a party wall start.
- One month before excavation or new boundary wall work begins.
3. How the Adjoining Owner Can Respond
Once a notice is served, the Adjoining Owner has three options:
- Consent – If they agree, the work can proceed without delay.
- Dissent and Appoint a Party Wall Surveyor – If they do not agree, both parties must appoint surveyors to prepare a Party Wall Award.
- Do Nothing – If the Adjoining Owner does not respond within 14 days, it is considered a dissent, and a surveyor must be appointed.
4. Party Wall Award (Agreement)
If there is a dispute, a Party Wall Award is created by surveyors. This legal document:
- Defines the scope of the work.
- Specifies how and when work can be done.
- Addresses access rights.
- Includes provisions for protection against damage.
- Determines who pays for the surveyor(s) and the work.
5. Paying for the Costs
The Building Owner typically pays:
- The cost of their own surveyor.
- The Adjoining Owner's surveyor fees (unless the neighbor is unreasonable).
- The cost of repairs for any damage caused.
6. Rights of Access
The Act allows the Building Owner to access the Adjoining Owner's land/property to conduct work, provided notice is given.
7. Resolving Disputes
If disputes arise:
- The Party Wall Surveyor(s) will resolve them.
- If either party is unhappy with the Award, they can appeal in a county court within 14 days.
Failure to Comply with the Act
If a Building Owner fails to serve notice or ignores the Act, the Adjoining Owner can:
- Seek a court injunction to stop the work.
- Claim damages if harm is caused.
Key Takeaways
- Serve proper notice before starting work.
- Respect the rights of neighbours under the Act.
- Engage surveyors if necessary to resolve disputes.
- Follow legal requirements to avoid legal action.
Would you like help drafting a Party Wall Notice?
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