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Party Wall Act 1996

Party Wall Act

The Party Wall Act 1996 came into force throughout England and Wales on 1 July 1997 and provides a framework for preventing and resolving disputes between owners of neighbouring properties in relation to work on or close to a party wall. The purpose of the Party Wall Act is to ensure that Adjoining Owners do not suffer loss or damage to their property as a direct result of the Building Ownerˇs actions.

The Party Wall Act states that if any damage is caused to an Adjoining Ownerˇs property, it must be remedied at the expense of the Building Owner.

In order to assist with the identification of any damage that might occur, party wall surveyors will carry out a descriptive and photographic schedule of condition to those parts of an Adjoining Ownerˇs property, which are at risk from damage, prior to the commencement of building works being undertaken to the Building Ownerˇs property.

A Schedule of Condition is incorporated within a Party Wall Award, which is a formal document describing in detail the nature and extent of work that is to be carried out by the Building Owner, the working practices that are to be followed and the time period within which the works shall be commenced.

Party Wall Notice

A Building Owner intending to carry out certain work has a strict legal obligation to serve written notice upon any Adjoining Owner who may be affected by the proposed works. When undertaking work to existing party or party fence walls, a "Party Structure Notice" is appropriate and must be served at least two months prior to such work commencing on site.

If building up to the boundary or carrying out excavation works, a "Line of Junction" or a "Three/Six Metre Notice" respectively, must be served at least one month prior to commencing work on site.

Party Wall Award

An Award is a legal binding document authorising the execution of building work pursuant to the Act, whilst at the same time safeguards Adjoining Ownersˇ property by:

1. Ensuring that all reasonable and necessary measures are taken to protect their property from foreseeable damage.

2. Preventing unnecessary inconvenience.

3. Being compensated for any loss or damage caused by notifiable works.

IS DAMAGE LIKELY TO OCCUR?

There is always a potential risk that excavations will undermine the foundations of neighbouring buildings or that the insertion of steel beams into party walls may cause structural damage. Each case must be evaluated on its own individual merits and the Award sets out necessary measures to protect an Adjoining Ownerˇs property. In most cases the surveyor(s) will examine the proposed plans, check engineerˇs calculations, make an initial assessment of the likely impact of the works and in some instances, request soil investigation reports.

An Award would normally include a schedule of condition of the Adjoining Owner's property, which is recorded prior to work commencing on site, and acts as a benchmark for determining whether any damage arises. It also provides reassurance to the Building Owner, insofar as eliminating potential spurious allegation claims of damage by an Adjoining Owner.