Firstly, without boring you with the detail, let me provide you with a brief background. The Party Wall Act (The Act) once we know it today was effectively born from the London Building Acts (LBA). As https://anotepad.com/notes/yramaqc8 will appreciate London has a large numbers of properties which are constructed near each other, and neighbourly disputes were slowing the construction process. The LBA introduced measures to create it easier for developers and property owners to handle work along boundary lines and decrease the degree of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for quite some time until finally in 1996 it had been decided to revamp the act and roll it out nationwide by means of The Party Wall Act 1996.
The Act is far reaching and comes into play more than you would think. But you are not alone unless you know much about any of it. Many builders I understand either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably thinking about this short article because you're going to carry out a construction project, or maybe your neighbour is. It could be a little extension or loft conversion, or something on a more substantial scale. The act doesn't consider size it only works on principal. The initial aspect is needless to say to determine whether the act is applicable to begin with. If you are in virtually any doubt it is usually advisable to seek expert advice and in many instances the position is not monochrome. In crude terms however, a celebration wall is really a structure shared by two neighbours which would include boundary walls or fences as well as the walls to a building. Perhaps in this regard the title of the act is a little misleading and more than this, it could also be applicable in the event that you propose to create a wall or building on land where no wall or physical boundary currently exists.
In a modern environment where most properties come in close proximity to one another it is generally the case that the act will become applicable during any construction project that involves digging foundations near to a boundary line. It could also be applicable for loft conversions or building refurbishments where the party wall isn't being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In https://click4r.com/posts/g/16334639/ , it may enter into play for work that you would feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.
As you should have deduced the act is far ranging and is generally applicable when you perform construction work near to neighbouring buildings / land. My advice is always to consult a surveyor who has party wall experience should you be unsure. Most surveyors would be willing to give some free advice on the phone and if the project is local in their mind, you will often discover that they will offer you a free stop by at assess your unique project in the hope that, if the act does apply you'll appoint them to attempt the role for you. Certainly in my professional experience as a chartered building surveyor I give free suggestions about a regular basis in the hope that it'll lead to an instruction. There are surveyors who will charge regardless but the key, as always is to agree a scope of service and any fee in advance to avoid confusion. Then you know where you stand.
After you have deduced that the wall / structure is a party wall you must determine if the act does apply to the task being carried out. The Act is approximately 15 pages in length and split into 22 sections with various sub-sections. It is not therefore a lengthy document and several of the sections include interpretations and explanation which means that probably the most relevant sections are a lot more condensed. There's however two main sections which apply mostly and the home owner will be advised to understand;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a party wall subject to serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to make good, repair, or demolish and rebuild, a celebration structure or party fence wall" in addition to "to cut right into a party structure for any purpose (which may be or include the reason for inserting a damp proof course). The complete list is set out in the act and covers most work, other than very superficial, which could possibly be completed to a wall. Under most circumstances where any work is being carried out right to a shared wall, it could be expected that the act will come into play, although you can find exceptions and you will be advised to take advice.
The second section that is likely to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are lay out in the act but could be bewildering. In essence however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering a party wall may be a garden wall or fence) the act could be applicable, if certain criteria associated with depth of excavation with regards to any party walls are achieved. Should you be excavating within 3 metres the act is more than likely applicable.
After you have determined that; a) the wall is really a party wall and b) based on the scope of work or proximity of excavation the terms of the act are applicable, it will be essential to follow the procedures set down within the act to be able to protect your position.
The first procedure would be to serve notice on the adjoining owner to inform them of the work being carried out. There is absolutely no requirement to appoint a surveyor to serve these notices for you and sample templates can be found online to download from various sources to be able to do it yourself. But should you choose propose to serve notice yourself, be mindful of the fact that as with all things where may very well not have sufficient knowledge, the repercussions of getting it wrong can have legal ramifications. With this basis it really is normally advised that you seek professional help. The notices, when served will be different depending upon if the work falls under section 2, section 6 or both (you can find other sections but as these are less commonly applicable I've not included commentary in this article), as too will be the length of time applicable between your notice being served and work commencing. The notice under section 2 will provide 8 weeks notice and the notice under section 6 provides a month following which work can commence provided that everything is to be able with regards to the act. Once more there are many ramifications relating to adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for another day, or for your party wall surveyor to advise you upon. Or you may find that the adjoining owner just consents to the work in which case you can start earlier by mutual consent!
Even if the adjoining owner does consent i quickly would advise a schedule of condition be prepared on the wall to ensure that you have a record of any cracks or defects before you begin work. You'd be amazed at just how many times a neighbour spots cracks after work has been carried out, that were actually there before!
If however the adjoining owner dissents to the work and appoints their very own surveyor, because they are entitled to do under the act, then you will also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these situations, unless you really know what you are doing you should get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner you are likely to be liable for their fees.
The Act is a fully established act of parliament and therefore is law. Ignoring the Act is common place (often through insufficient awareness) but technically the perpetrator is then breaking the law. I could go into detail concerning the implications of deliberately failing to serve notice but if you are a building owner reading this article you then are clearly already aware of the act and concerned that the procedure is correctly followed. If you are on the other hand, where a neighbour has not served notice you, there is recourse nevertheless, you should seek expert advice. Additionally it is worth noting that ignorance is not any defence in terms of the law.
It is believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is a business built around the act and professionals do charge because of their services, but there's enough competition to make certain fees remain reasonable. It is in fact an enabling act that means that the positions of both parties are protected and much more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act could save fees where there is once a prospect of litigation and dispute.
Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but it is a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around an end of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not only large scale developments. Mr Sadiq (building owner) completed building work without serving notice under the act. This work subsequently caused damage to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. That is standard procedure and even if he had served the correct notices then he would still have already been responsible for this cost, but more importantly with what we have been discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to observe the act negated any benefits of defence he might gain from the terms of the act and for that reason special damages were allowed. In cases like this the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their house because of the defects and they were even awarded charges for rising construction costs in connection with their new house abroad. Had Mr Sadiq followed the correct procedures and served the correct notices then these substantial additional costs wouldn't normally have been incurred. He'd only have been responsible for the cost of putting right the damage, not the excess costs. This example is by no means common place but does head to shown the potential implications of not following the correct procedures. What appears like a sensible saving on surveyor's fees could become a substantial cost for damages. You have already been warned!
This brief article is targeted at giving a layman's view of the act for information purposes as opposed to a full technical assessment. You need to seek expert advice if undertaking any work to, or in close proximity to neighbouring land or property. It will also be noted that the act does not have any bearing on any other legislation, like the requirement of planning permission or building regulation approval etc which are completely separate entities.