Party Wall Act 1996 Explained . . .

Under the Party Wall Act some work is not covered. Such work include:

  * Putting up shelves and wall units.
  * Replastering.
  * Electrical rewiring.

If the planned work to an existing structure falls under the Party Wall Act, a notice must be issued to all affected neighbouring parties. The notice must include (see sample letters in Part 5 of the Party Wall leaflet):

  * The owners of the property undertaking the work.
  * The address of the property.
  * The names of all the owners of the adjoining property.
  * A description of the proposed work, usually a single line giving a brief description.
  * The proposed start date for the work.
  * A clear statement that the notice is being served under The Party Wall etc Act 1996.
  * The date the notice is being served.
  * If the notice is for excavation work, then a drawing showing the position and depth of the excavation must be included.

The process of serving a notice under the Party Wall Act is as follows:

  * The person intending to carryout the work must serve a written notice on the owners of the adjoining property at least two months before the intended start of the work to every neighbouring party giving details of the work to be carried out.
  * Each neighbouring party should respond in writing giving consent or registering dissent - if a neighbouring party does nothing within 14 days of receiving the notice, the effect is to put the notice into dispute.
  * No work may commence until all neighbouring parties have agreed in writing to the notice (or a revised notice).

If any of the information is missing from a served noticed, it will be invalid in which case, any subsequent award will also be invalid.

See below regarding what happens in the event of a dispute/objection.

New boundary walls

If the planned work is a new boundary wall up to or astride the boundary line, the process is similar to the above but the notice needs to be served at least one month before the planned start date of the work. Neighbouring parties must give written agreement within 14 days for walls astride the boundary (or a dispute is deemed to have occurred), however no formal agreement is needed for a wall up to the boundary line, the neighbour just needs not to object in writing.

See below regarding what happens in the event of a dispute/objection.

Excavations

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the planned start day of the work. Neighbouring parties must give written agreement within 14 days or a dispute is deemed to have occurred.

See below regarding what happens in the event of a dispute/objection.

If agreement cannot be reached between neighbouring parties, the process is as follows:

  * A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either:
  o An 'Agreed Surveyor' (someone acceptable to all parties).
  or
  o Each party appoints their own Surveyor to represent the individual parties.
  The first option should be cheaper as the costs should be reduced - the Surveyor (or Surveyors) will decide who pays the fees - usually it will be the party undertaking the work; the exception being where the owner of the adjoining property calls on the Surveyor unnecessarily. It should be noted that any Surveyor(s) must act within their statutory responsibilities and propose a fair and impartial Award.
  * The Agreed Surveyor, or the individual Surveyors jointly, will produce an Award which must be fair and impartial to all parties.
  * Once an Award has been made, all parties have 14 days to appeal to a County Court against the Award.