The majority of building owners are aware of the term ‘Party Wall’ and may even know of the Party Wall etc. Act 1996 itself but many don’t know what the various sections of the Act covers and what their legal requirements are. The Party Wall Act was created to help facilitate construction works in the vicinity of boundaries and the Act entitles a property owner to interfere with the land and structures belonging to neighbouring owners. This can sound quite daunting for an adjoining neighbour but hopefully this article will help reassure building owners and tenants and equip them with knowledge of their rights.
Many building owners will first encounter the topic of ‘Party Wall’ when carrying out building works such as extensions or loft conversions, and their Architect will most likely advise on the matter. However, the Party Wall Act also covers fences and essentially any structure on the boundary line. A garden may have a brick wall as part of a structure denoting the boundary, but the responsibility of maintenance belongs to the owner. In order for the owner to carry out any repairs, they have a ‘Right of Access’ onto the neighbours land. This is a simplified example but does apply in all circumstances regarding the Party Wall/ fence or structure. This may sound like trespass or nuisance, but the Act ensures that works do not cause any unnecessary inconvenience and the right of access is only for works to the Party Wall.
The Act sets out how a building owner should approach using the ‘right of access’:
- Notice: The building owner must serve a formal notice to the adjoining owner (the neighbour) informing them about the intended works. The notice should outline the nature and extent of the proposed works, provide relevant plans and drawings, and specify the anticipated start date.
- Access Agreement: If the adjoining owner gives their consent to the proposed works, an access agreement can be signed between the parties, specifying the terms and conditions for access to the neighbour’s property. This agreement may include provisions related to the timing of access, working hours, and any necessary security measures.
- Dispute Resolution: If the adjoining owner dissents or fails to respond within a specific timeframe, a dispute is deemed to have arisen under the Party Wall Act. In such cases, surveyors or party wall surveyors can be appointed by either party to resolve the dispute and determine the terms of access.
- Scope of Access: The right of access typically allows the building owner and their agents to enter the neighbour’s property for surveying, marking out the works, excavating, and constructing the party wall. However, it’s important to respect the adjoining owner’s property and minimize any unnecessary disturbance or damage.
- Compensation: The Party Wall Act provides provisions for compensation to the adjoining owner for any loss or damage caused by the works. The compensation may include repair costs, loss of earnings, or any decrease in property value resulting from the works.
The act aims to balance the rights of both property owners and promote amicable resolution of disputes through communication, cooperation, and proper adherence to the legal procedures outlined in the legislation.
As members of the Pyramus & Thisbe Society and Chartered Members of RICS, we are experience Party Wall Surveyors and can provide professional, impartial advice to a building owner or adjoining neighbour. We recently prepared an Access Agreement in Hove for a Client who was served a Party Wall notice.
We are also part of the RICS Helpline Scheme for Party Wall advice. See our Party Wall services page for more information or contact us directly for any Party Wall matters.
For more advice on Party Wall download the Royal Institute of Chartered Surveyors Consumer Guide.
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