What is a Party Wall?
A party wall is a wall that separates two adjoining properties and is jointly owned by the property owners. It could be a part of a building, such as a shared wall between two terraced houses, or an external boundary wall. Party walls are governed by the Party Wall etc Act 1996 in England and Wales.
You are required to inform your neighbour if you plan to:
Construct at or along the boundary between your two properties
Perform work on an existing shared wall or structure
Dig below and near to the foundation level of their property
What is a Party Wall Agreement?
A party wall agreement is a legal document that outlines the terms under which building work affecting a shared wall can proceed. The party initiating the work is required by law to serve a party wall notice to the adjoining property owner at least two months before starting any work. The other property owner can then either consent to the work or dispute it, which may lead to the appointment of a surveyor to draw up a formal party wall agreement.
The agreement typically covers:
The extent and nature of the proposed work
The timeframe for the project
Measures to prevent damage to the adjoining property
Procedures for resolving any disputes that arise during the project
If the neighbouring property owner does not consent, or if they do not respond within 14 days, the parties must appoint a party wall surveyor to prepare an official party wall award. This award is legally binding and outlines how the work should proceed and how disputes will be resolved. A property owner can challenge an award in the county court within 14 days of receiving it. To do so, the property owner must submit an appellant’s notice to the court, outlining the grounds for an appeal. If either of the property owners do not comply with the award, the adjoining owner can seek enforcement through the courts.
Who is responsible for the Party Wall Costs?
The property owner is generally responsible for covering the costs of preparing a party wall agreement, including the fees of any surveyors involved. If a dispute arises, both parties may need to share the costs of appointing a surveyor, depending on the terms of the agreement.
Avoiding Party Wall Disputes
To prevent disputes, it is crucial to communicate clearly and early with your neighbour. Serving the correct notice and ensuring that all paperwork is in place before any work begins can go a long way in avoiding conflict. The following steps can help ensure a smooth process:
Serve Notice Early: Give your neighbour plenty of time to review the plans and respond so that your neighbour to make an informed decision.
Keep Communication Open: If your neighbour has concerns, try to address them before the dispute escalates. This can be done informally or with the help of a civil mediator. You can find a mediator using this link
Follow the Party Wall Award:
Once the award is in place, it’s important to adhere to its conditions. Any deviation from the agreed terms could result in legal action.
