Guide to the Party Wall Act
Introduction
This is
a brief guide to the party wall act by Bruce Spenser MSc MCIOB
intended for owners, students and those aspiring to be Party Wall Surveyors – It is not intended to
be relied upon in a legal context and should not be.
The
Party Wall Act is a reflection of the great legal system we have, its history,
the way it evolves, the rights inherent and the responsibilities
that come with those rights – in a civilised country we must not just tolerate
the rights of others we must respect those rights and uphold them.
New
Build on line of Junction when not already built upon:
Serve
Section 1 notices one month before you wish to build a
garden wall or party wall
If you
receive a Section 1 Notice you may agree to the building of the wall in writing
or not and if not the wall cannot be built but the foundations can be placed below your land.
If you
agree to the build it will be positioned as both owners agree and the person
who built the wall (building owner) may charge the affected owner (adjoining
owner) a reasonable sum if he uses the wall.
The building owner will be responsible for
any damages his work causes.
The act
states when and how a dispute under the act and that it should be settled as
per S10 – see below.
Recommended that
the Building Owner appoints a Chartered construction professional (MCIOB etc)
to serve notices and that both owners appoint the surveyor as the agreed
surveyor or the Adjoining Owner appoints their own Chartered Construction
professional (MCIOB etc) – ensure you carry out due diligence
WORKS TO OR AFFECTING PARTY WALLS/PARTY STRUCTURES
Subject
to serving a valid notice on the adjoining owner two months before the building
owner may carry out works which affect a party wall i.e.
Underpin,
thicken, raise, make good, repair, demolish, rebuild, cut into or away from
etc.
The
building owner will be required to reasonably protect the use of the adjoining
owner and will be responsible for any damages his work causes
The act
allows that two owners may agree works between them and for the adjoining owner
to serve counter notices etc.
Recommended that
the Building Owner appoints a Chartered construction professional (MCIOB etc)
to serve notices and that both owners appoint the surveyor as the agreed
surveyor or the Adjoining Owner appoints their own Chartered Construction
professional (MCIOB etc) – ensure you carry out due diligence.
Adjacent excavation and construction
If the
building owner wishes to carry out excavations which may affect the adjoining
owner’s property (as specified within the act) he must serve valid notices.
The
adjoining owner has rights to protect his property.
The
building owner is responsible for any damages his works cause.
Recommended
that the Building Owner appoints a Chartered construction professional (MCIOB
etc) to serve notices and that both owners appoint the surveyor as the agreed
surveyor or the Adjoining Owner appoints their own Chartered Construction
professional (MCIOB etc) – ensure you carry out due diligence.
The act,
very importantly, give rights to both owners which are subject to
responsibilities:
Responsibilities
– the owner wishing to exercise the rights:
must
serve the appropriate valid notice in order to exercise the rights afforded by
the act – these right suspend common law
must not
cause unnecessary inconvenience
must
compensate for damage and loss
must
protect the adjoining owner’s property
requires
the permission of the adjoining owner to place reinforced foundations on his
land
must
comply with statutory requirements
must comply
with the drawings etc. unless agreed otherwise
must
comply with the requirements of the act
Subject
to serving a valid notice a building owner has rights of entry:
May
remove furniture and fittings etc.
May
break in if accompanied by a constable
Emergency
access rights
Both
surveyors have rights of entry as per the act subject to serving notices
The act
does not interfere with rights of light, easements or third party rights
Where a
dispute arises following the serving of notices or has deemed to have arisen:
The
owners shall appoint an agreed surveyor or one surveyor each
The two
surveyors must then appoint a third surveyor
The
surveyors will then settle the matter with an award as per Section 10 of the
act.
The
award may determine:
the
right to execute any work;
the time
and manner of executing any work; and
any
other matter arising out of or incidental to the dispute including the costs of
making the award
Costs
The
award has to be served on the owners and may be served, with the owner’s
permission, electronically
The
award is conclusive unless successfully challenged in a county court within
fourteen days.
Expenses
are:
the
responsibility of the Building Owner
if
disputed settled by the award.
Shared
if allowed by the act
The act
allows fines for various refusals by owners
Various
Temples and the Crown etc.
Adjoining
Owner – The affected owner as per the act
Building
Owner – owner desirous of exercising rights
Foundation – solid
ground or artificially formed support
Owner
Recipient
of rent or profits
In
possession of land (not mortgagee)
Tenant
from year to year
Tenant
at will
Purchaser
of an interest in land
Party
Fence Wall – garden wall on line of boundary
Party
Structure – Party Wall, floor, wall or other partition which separates flats
etc.
Part Wall
a – Wall which separates buildings and stand on land of different owners.
Party
Wall b – not as a above but still separates buildings
Special
foundations – reinforced foundations
Recommended
that the Building Owner appoints a Chartered construction professional (MCIOB
etc) to serve notices and that both owners appoint the surveyor as the agreed
surveyor or the Adjoining Owner appoints their own Chartered Construction
professional (MCIOB etc), carry out due diligence
Agreed Party Wall Surveyor serving Thanet
Party Wall Third Surveyor serving England and Wales
