party walls

A party wall is essentially a shared structure at or across the line of junction of adjoining lands belonging to different owners, usually where both sides are built upon, but the Act sets out some more detailed definitions in particular circumstances and it is always best to get professional advice if unsure. There is a further definition of what is a party fence wall, which is again essentially a shared structure at the line of junction of adjoining lands belonging to different owners but which is not 'enclosed' on either side by being built upon, such as a garden wall.

A boundary fence is not a wall and is not therefore a party fence wall by definition. That is not to stop a Building Owner proposing to build up to a boundary line (beware the fence that does not follow the legal boundary line!), and the Act also includes provisions for this which is known as building at the 'line of junction'.

A common misconception is that each owner owns their side of such a shared structure and can work on their side of the wall with impunity, but this is not so - except in cases of minor works on one side such as shelf fixing, replastering, etc. The whole of a party wall or a party fence wall by definition under the Act is owned by both sides equally, but not exclusively. This means that either owner can perform a whole variety of works on or around the whole of the wall (these 'permitted works' are defined in the Act), but subject to notice on the adjoining owners who are thereby given opportunity to protect their interests.

The Act also covers one further part of potential building works to a property, namely excavations for foundations and the like in close proximity to adjoining buildings, and where there may be a risk that the foundations of the adjoining property are undermined. There exist different provisions depending on the horizontal distance between excavations and an adjoining building, and the depth of those excavations relative to adjoining foundations, and such works are again subject to notice on the adjoining owners who are thereby given opportunity to protect their interests.

The Party Wall etc 1996 applies in England and Wales, and governs the performance of building works to and around shared structures and where the lands of different owners are adjoining. The party who is desirous of carrying out works is the Building Owner, and the party having the neighbouring ownership interest is the Adjoining Owner - there may be several owners of the land adjoining the works, and each is entitled to be served with notice of any relevant intentions.

The principal rights and duties covered by the Act in relation to building works are Line of Junction (Section 1), Party Walls and Party Fence Walls (Section 2), and Adjacent Excavations (Section 6). These rights are subject to notice being served on the adjoining owners, which is the first (and sometimes only) legal requirement of a Building Owner. The period of notice for party walls and party fence walls is two months, whereas the period of notice for line of junction, and for adjacent excavations, is one month.

Once notice has been served, the Act generally provides that the adjoining owners will have 14 days to respond. They may do so a) by giving written consent to the works, in which case there is no 'dispute' and the further provisions of the Act need not apply, or b) by giving written dissent from the works, in which case the further provisions of the Act come into play - a further scenario is that no response is received within 14 days, in which event the adjoining owners are deemed to have dissented from the works, and again the further provisions of the Act will then come into play.

In the event of a 'dispute', actual or deemed, the Act provides that each owner must then appoint their own party wall surveyor, or concur in the appointment of an agreed surveyor. If two surveyors are appointed, it is their first duty to elect a third surveyor, but who is not engaged unless the two surveyors are unable to reach an agreement between themselves. The surveyor or surveyors are then required by the Act to proceed to resolve the 'dispute' by way of an award, which can deal with such as the extent of the permitted works, the manner in which they may be performed, reciprocal access arrangements, payment of costs, event of consequent damage, etc. Either of the owners can also ask the third surveyor to make the award, if the two surveyors or the agreed surveyor fail to do so expeditiously. Anybody can be appointed to act as a party wall surveyor (other than the parties themselves), but of course it is preferable if that surveyor is professionally qualified and experienced.

The design of the Act is such that Building Owners are empowered to proceed with their works without undue impediment or delay, and the Adjoining Owners are entitled to protect their interests. A peculiarity of the Act is that the appointed surveyors do not act for the owners as 'clients' but as their 'appointing owners' - the surveyors are required to act 'in the best interest of the property' and not at the dictat of their appointing owners. Once an award has been made and served on each of the owners, and subject to a 14 day right of appeal to a Court by the owners if they feel that the award has been made improperly (but not if they just dislike the contents!), the owners are bound by its provisions and it cannot be overturned by a Court - neither can the surveyors' appointments be terminated once made, other than in exceptional circumstances as set out in the Act.

If your proposed works fall in the compass of The Party Wall etc Act 1996, and if any of your notices served on the adjoining owners are dissented or deemed dissented, then you will need to arrive at a party wall agreement by the mechanisms described above.

Your works may comprise building an extension to your home, or converting the loft, or sinking a cellar, or making internal alterations which impact the structures - in any event, you may need to enter a party wall agreement. Minor works such as fixing shelving, wall hangings, door frames and linings, electrical sockets, replastering, etc will not normally fall under the Act.

There is usually a relatively small cost involved in research into and confirmation of the identity of adjoining owners, and in the production and service of the requisite notices - typically we will charge Building Owners £250 + VAT and expenses for this element of the service, dependent on circumstances.

In the event of dissent from any adjoining owner and we are subsequently appointed to act for a Building Owner and agree an award with an adjoining owner's surveyor, we will typically charge £1,200 + VAT and expenses per award for this element of the service, dependent on circumstances. That fee may vary depending on the complexity of a project, and the number of adjoining ownership interests involved.

In normal circumstances, you will also be responsible for the reasonable fees of the surveyors who are appointed to act for the adjoining owners. Those fees would be agreed between the surveyors and set down in their award.