ÑÇÖÞÉ«°É

ÌýWhat is a ‘Party Wall’?

A Party Wall is a wall that stands on the boundary between two or more landowners. Party Walls do not have to form part of a building and can be separate structures such as a garden wall (wooden garden fences are not classified as party walls).

A wall can be classified as a party wall even if it is wholly on the land on one owner if this wall is used by the neighbouring owner to separate their buildings. For example, one party could have built the wall and then the other party builds directly up to the wall.

Other structures can also be joint between two or more owners, these are known as ‘Party Structures’. Party Structures function the same as a Party Wall and are classified as a Party Structure when they separate buildings or parts of buildings with different owners, such as the floors between flats.

What should you be informed of?

If your neighbour wishes to compete work of certain types, they must inform you. In order to appropriately inform you, in accordance with the Party Wall Act 1996, a ‘Party Structure Notice’ must be provided to you at least two months before the proposed work begins, and if the work is not started within 12 months the notice will no longer have any effect.

Your neighbour must notify you, by way of a Party Structure Notice if they intend to build on or at the boundary between your properties, work on an existing party wall of party structure or if they wish to dig below and near to the foundation level of their property.

If your neighbour serves you with a Party Structure Notice you should reply to it within 14 days either consenting to the work or disagreeing with what is proposed.

Your neighbour does not have to inform you of minor changes to the Party Wall, such as plastering, installing electrical sockets or drilling to install shelves or cabinets.

What are your neighbours’ rights?

The Party Wall Act 1996 affords many rights to the owners of properties that contain Party Structures and Party Walls, Section 2 of the Act sets out these rights. Some of the most frequently used are the Right to:

• Repair a Party Wall
• Underpin the whole thickness of the Party Wall
• Cut into a Party Wall to take the bearing of a beam
• Raise the height of a Party Wall
• Extend a Party Wall downwards
• Demolish and rebuild a Party Wall (for example when it is structurally defective)
• Cut off projections (such as chimney breasts) from a Party Wall
• Install a damp proof course.

If your neighbour is repairing the damage to a Party Wall, and the work is necessary due to a defect or want of repair to the Wall or Structure, the expenses shall be payable by both the owner and the adjoining owner in a proportion which takes into account which of the owners make use of the structure and who is responsible for the want of repair or defect if both parties make use of the structure.

Disputes

Disputes can arise when your neighbour fails to inform you of any work, where you refuse to consent to the work, where you fail to reply to a Party Structure Notice within 14 days of receipt or where damage is caused to the Party Wall through the work.

If your neighbour commences work without issuing you with a ‘Party Structure Notice’ you can apply to the courts for a temporary injunction which could suspend any work until a notice is provided to you, which would allow for any work after this to be protected under the Party Wall Act. Obviously, this can be expensive.

If any damage is caused from the work, the owner that is conducting the work is required under the Party Wall Act to ‘make good’ any damage caused, which can be by way of repair or making a payment to yourself (you may request the monetary payment if this is what you would prefer). The protection under the Party Wall Act is only applicable if you were provided with a Party Structure Notice, if no such notice was provided you are only able to recoup any losses from the damage by taking legal action.

If you fail to respond to the Party Structure Notice within 14 days or object to the work done the best course of action would be to have a friendly discussion with your neighbour and attempt to reach an agreement (do ensure that all agreements are put in writing), however if this is not possible you may appoint an ‘Agreed Surveyor’. An Agreed Surveyor is appointed jointly by yourself and your neighbour (you may also appoint your own surveyors individually who will put forward each of your desired outcomes and attempt to reach an agreement). Should they not be able to reach an agreement they will appoint a third surveyor to settle the dispute and make an award) and will make a ‘Party Wall Award’. This award will set out the work which will be carried out as well as when and how it will be completed, specifying any additional work needed and a record of the properties’ condition prior to the work. The award will also grant the surveyors access to the properties to inspect the work as is necessary. Under the Party Wall Act, a surveyor is defined as any person who is not a party to the matter, but it is advisable that this person has a good knowledge of construction and the Party Wall Act.

Disputes can also arise from excessive noise carried out from the work. When carrying our building work, you must ensure you avoid causing any unnecessary inconvenience and must protect your neighbour’s property from damage. Though it may seem that noise is an unnecessary inconvenience it is not accounted for under the Party Wall Act. Should you have concerns surrounding noise you must contact your local authority’s environmental health department who have powers to deal with matters of noise and other nuisance such as dust and deposits from construction.Ìý

At ÑÇÖÞÉ«°É Legal Advice Clinic (BULAC) we can help with Housing Disputes such as issues arising regarding Party Walls. If you would like an appointment, please call 01248 388411 or email bulac@bangor.ac.uk

Ìý

Ìý