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Party Wall etc. Act 1996
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The Party Wall etc. Act 1996 is generally based upon the provisions of Part VI of the London Buildings Acts (Amendment) Act, 1939, and extends to the rest of England and Wales. The original London Act was designed to make it easier for neighbours to carry out building works in close proximity to each other. The Act allows works to be undertaken properly and when implemented and followed correctly provides a suitable framework to remove the need for court action. These provisions were extended to the rest of the country in July 1997 and now apply to all properties in England and Wales.
In basic terms the Act requires building owners to serve notice on their neighbours / adjoining owners where they are; building on, adjacent or up to a defined or notional boundary line; carrying out works to a party structure (which can be either a wall or floor) under the ownership of both neighbours on the boundary line or excavating for any purpose in specified distances from their neighbour's property.
For works to an existing party wall or structure the building owner is obliged to give two months notice and for the other two categories of works covered by the Party Wall etc Act 1996 one month’s notice is required.
The adjoining owner can either consent or dissent to this notice. Dissenting does not prevent the works from going ahead but does start the dispute procedure of the Act.
Under the dispute procedure both sides are obliged to appoint a surveyor, or to agree in the appointment of a single surveyor. The surveyor or surveyors then act independently with their overriding duty to the implementation of the Party Wall etc. Act 1996 and, to ensure that the rights of both the building owner(s) and the adjoining owner(s) are protected. The final Party Wall Award is prepared and signed by both appointed surveyors or by the agreed surveyor. The award contains specific conditions relating to the proposed works, the rights of both parties and also restrictions on the works, including working hours, permitted access to neighbouring land etc.
The Party Wall Award usually includes a pre-construction schedule of condition. The schedule of condition records the condition of the adjoining owner’s property prior to commencement of the works. The schedule is signed by both surveyors or by the agreed surveyor and forms part of the award. This schedule is reviewed on completion of the building works to ensure no damage during construction has occurred. Any damage caused must be repaired at the sole cost of the building owner or where appropriate monetary compensation can be agreed.
RSL have a team of experts who are members of the Faculty of Party Wall Surveyors to act on what can be a very complex Act from advising when and if a notice is required, to service of the appropriate notices with preparation, agreement and issue of the Party Wall Award.
