Party Wall Awards
The Party Wall Act
The Party Wall etc. Act 1996 is specific to England and Wales and provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighboring buildings. The primary aim of the Act is to ensure property owners carry out their intended works while protecting and considering the interests of their neighbors.
Common Party Wall queries:
What is a party wall?
A party wall is a shared wall, usually between two properties, used by both sides. It can stand astride the boundary of land belonging to two (or more) different owners or be a wall that is on one person's land but is used by two (or more) owners to separate their buildings.
What is the Party Wall Act?
The Party Wall etc. Act 1996 (in England and Wales) is a piece of legislation that provides a framework for preventing and resolving disputes in relation to party walls, boundary walls, and excavations near neighboring buildings.
Do I need to notify my neighbor if I plan to work on or near the party wall?
Yes, if you intend to carry out certain types of work that are covered by the Act, you must give statutory notice to all affected neighbors.
How much notice do I need to give?
The notice period varies depending on the type of work but is typically one or two months.
What happens if my neighbor objects to my notice?
If your neighbor does not agree with the proposed work, the Act provides a mechanism for both parties to appoint a surveyor or surveyors who will then produce a "Party Wall Award" outlining how the work should proceed, timescales, and measures to prevent damage.
What is a Party Wall Award?
A Party Wall Award is a document produced by party wall surveyors. It determines how the work should go forward, covering any preventive measures to ensure the adjoining properties are protected.
Do I need a surveyor to serve notice?
No, anyone can serve notice. However, you might choose to use a surveyor to do this to ensure it's done correctly.
What happens if I don't serve notice?
If you fail to serve notice and your works affect the party wall, your neighbor could take legal action against you or seek compensation for damages.
Can I access my neighbor's property during the works?
Yes, but only if the Act has been followed correctly and the work requires it. You must also give appropriate notice.
Who pays for the party wall works?
The person conducting the works typically pays for all expenses. However, if the works are due to a defect or lack of repair, it might be shared or fall upon the other owner.