Most building owners recognise the term ‘Party Wall’ and may even know of the Party Wall etc. Act 1996. However, many do not understand which sections the Act covers or their specific legal requirements. In essence, the Act facilitates construction works near boundaries. It entitles a property owner to interfere with land and structures belonging to neighbours. While this sounds daunting for an adjoining owner, this article aims to reassure you and provide knowledge of your rights.
Typically, owners first encounter this topic during extensions or loft conversions. In these cases, an architect will likely advise on the matter. However, the Act also covers fences and essentially any structure on a boundary line. For example, a garden may feature a brick wall denoting the boundary, but maintenance remains the owner’s responsibility. To carry out repairs, the owner has a ‘Right of Access’ onto the neighbour’s land. Although this might seem like trespass, the Act ensures works do not cause unnecessary inconvenience. Furthermore, the right of access only applies to works on the party wall itself.
How to Use the ‘Right of Access’
The Act sets out clear steps for a building owner to approach this right:
- Notice: The building owner must serve a formal notice to the neighbour. This document outlines the nature of the works and provides relevant plans and start dates.
- Access Agreement: If the neighbour consents, both parties can sign an access agreement. This specifies terms like working hours and security measures.
- Dispute Resolution: If the neighbour dissents or fails to respond, a dispute is deemed to have arisen. At this stage, party wall surveyors can be appointed to resolve the issue and determine access terms.
- Scope of Access: This right typically allows agents to enter the neighbour’s property for surveying, marking, or constructing the wall. Importantly, everyone must respect the property and minimise disturbance or damage.
- Compensation: The Act provides for compensation regarding any loss or damage caused by the works. This may include repair costs or a decrease in property value.
Professional Support
Ultimately, the Act aims to balance the rights of both owners. It promotes amicable resolutions through communication and proper legal procedures.
As a result of our expertise, we serve as experienced party wall surveyors. We are members of the Pyramus & Thisbe Society and chartered members of RICS. We provide professional, impartial advice to both building owners and neighbours. For instance, we recently prepared an access agreement in Hove for a client who received a party wall notice.
We also participate in the RICS Helpline Scheme for party wall advice. Please visit our services page or contact us directly for help with any party wall matters.
For more advice on Party Wall download the Royal Institute of Chartered Surveyors Consumer Guide.