Planning an extension or building works at your property? Here's what you need to know about the Party Wall etc. Act 1996.
What is the Party Wall Act
The Party Wall etc. Act 1996 (‘The Act’) is a framework for the management of disputes between two property owners when building works are taking place, involving specific 'notifiable' works that are set out within the Act. The purpose of the Act is to provide owners of land and buildings with certain new rights and obligations to other neighbouring owners in relation to party walls and other structures in close proximity of boundaries.
Work Covered by the Act
Where an owner wishes to undertake building work covered by the Act, they are termed the 'Building Owner'.
The principal types of such work are:
Works physically affecting the Party Wall, or separating floor in flats, between two properties;
New Walls being built at the boundary of two properties;
Excavation within 3 or 6 meters of an adjoining property/structure.
The Process - Notices and Awards
Serve a Party Wall Notice on any notifiable Adjoining Owners. This will typically be prepared by a specialist Party Wall Surveyor and contains prescribed information for compliance with the Act.
The Adjoining Owners each choose whether they 'consent' or 'dissent' to the Notices:
Consent is where they are comfortable with what is being proposed and no further process is required.
Dissent is where they are unsure or wish to take the advice of a Party Wall Surveyor.
When dissenting the Adjoining Owner may agree to share the Party Wall Surveyor of the Building Owner, this single Surveyor is called the 'Agreed Surveyor'.
Alternatively, the Adjoining Owner may wish to have their own separate Surveyor, and the Two Surveyors then proceed to agree matters.
When there is a dissent, and Surveyor(s) are appointed, the matter concludes when the Surveyor(s) serve an Award document determining the matter. This will typically reference the timing and manner of carrying out the works.
Important Things to Know - Our Top Tips
It is considered an 'enabling' Act. It is intended to allow works to progress subject to following a process to safeguard the interests of any affected Adjoining Owners.
There are a number of timelines built into the Party Wall Act process. However, it can also be quite elastic depending on the parties (owners, surveyors and consultants) who are involved in providing information for the process to progress. For a simple residential project you should allow at least three months for the process to be carried out, but it can take longer with larger or more complex projects. Equally, it can take much less, with cooperative Adjoining Owners!
Planning is separate to the Party Wall Act and deals with different things. A lot of Adjoining Owners are concerned with height, length and appearance of a proposed building. This is not typically determined through the Party Wall process, but the Planning process. Similarly, Rights of Light are dealt with under the Rights of Light Act, and usually considered within the Planning process.
Early advice from your Party Wall Surveyor can be helpful. The Surveyor can identify any potential issues with the proposals that may be difficult to agree through the process. A good Party Wall Surveyor will also help provide an idea on potential costs that can arise from the process so you can plan ahead. Unfortunately the cost of the Party Wall process is determined by the number of Adjoining Owners that you are going to have to deal with, rather than the type of work you are undertaking. If you are living next to a number of flats, this is a very important consideration to take early advice on.
Ultimately this is a process determined by the choices of neighbouring owners. We always encourage owners that we work with to talk to their neighbouring owners before we serve the Notices. They will be far more receptive to hearing from you first, rather than a professional Surveyor, on matters that they may not fully understand.
Having a Party Wall Surveyor that is experienced and focused on proactively managing the Party Wall process is essential to keep the process time and cost efficient, managing risks that come with undertaking these types of building works. Our goal is always to find the straightest path to you commencing your project!
Who Are We
I founded Teague & Co in 2020, after a number of years working as a general Building Surveyor at multi-disciplinary Surveying practices in central London, followed by a Director role in a specialist Party Wall practice for five years. We are a specialist Party Wall Surveying practice, with a focus on efficient and proactive advice.
I am a Chartered Surveyor (MRICS) and member of the Pyramus and Thisbe Society (MPTS) and Faculty of Party Wall Surveyors (MFPWS), the two principal membership bodies for Party Wall Surveyors.
Josh Teague MRICS MPTS MFPWS
Find out more about us at: www.teagueco.com
You can contact me on: josh@teagueco.com
