Walls and boundaries
Introduction
The wall between two buildings is often the centre of dispute between the two owners. This seems to happen more where the wall is external than internal. Possibly it is more difficult to change an internal wall, so there is less room for problems to arise.
This article explains The Party Wall Act which was introduced in 1996 and came into force on 1st July 1997. The Act attamepts to avoid and resolve building disputes between neighbours.
What is a Party Wall?
A wall is a party wall if:
- it stands astride the boundary of land belonging to two (or more) different owners;
- it is part of one building, or
- separates two (or more) buildings, or
- consists of a "party fence wall".
A wall is a "party fence wall" if:
- it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a garden wall). This does not include such things as wooden fences.
- it stands wholly on one owner's land, but is used by two (or more) owners to separate their buildings.
How are you affected?
The Act affects you in case you intend to carry out work:
- on an existing wall or structure shared with another property (section 2 and 4 -19 of the Act)
- to build a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1, 20-25 of the Act)
- to make an excavation near a neighbouring building (section 6, 26-29 of the Act)
An example would be where one person has built the wall in the first place, and another has butted their building up against it without constructing their own wall.
We at Net Lawman advise you to confirm whether such proposed work is governed by the Act before you actually proceed to carry out the same. You must follow the correct procedure and secure in advance an official agreement with all relevant parties. If you fail in this aspect, your project may be affected by delays due to stoppage in work.
The Act lays down the legal rights and responsibilities of an owner and also rights of adjoining owners or occupiers who are affected.
Initial Consultation Process
The Act sets out an initial consultation process which must be completed before any work takes place. It also defines a time period of 1 or 2 months, dependent on the nature of the work, within which the property owners have to reach an agreement.
The Property Owner must notify all Adjoining Owners who may be affected, providing them with information related to their property: for example, the effect the proposed work may have on the adjoining property.
The Procedure
The Owner is responsible for making good any damage caused by the works and must do so if any Adjoining Owner requests it. Notice for minor works need not be sent. The notice must include:
- your name and address (joint owners must all be named)
- the address of the building to be worked on
- a full description of what you propose to do
- when you propose to start (this must not be before the relevant notice period has elapsed).
The notice should be dated and should be sent around 2 months before the proposed work
If a reply from Adjoining Owners is not received within 14 days, each party must appoint an independent Party Wall Surveyor to administer the act.
The surveyors will determine what work can be carried out and impose conditions as necessary. The property owners must abide by the surveyors' agreement, which is known as a Party Wall Award.
The Award is final and binding unless it is amended by the Court.
Each owner has 14 days to appeal to the county court against an award.
Net Lawman advice:
- By far the best way of settling any point of difference is by friendly discussion with your neighbour.
- Always put an agreement in writing. Memories fade, demands change and new neighbours never knew.
- If you have some agreement, make sure you tell your solicitor before you try to sell. Your formal title may need to be changed at the Land Registry or may be the situation should be declared to prospective buyers to avoid future problems.
- An agreement with your adjoining owner does not remove the possible need to apply for planning permission or to comply with building regulations.
- You cannot stop someone from exercising the rights given to them by the Act, but you may be able to influence how and at what times the work is done.
- If it is you who wishes to take action, then take a pragmatic approach to any work that may have an impact on an adjoining property. Follow the correct procedure and secure in advance an official agreement with all relevant parties. That saves delay in your project if someone complains.
- The Party Wall Act includes many more detailed procedures and provisions which are best understood with the help of legal experts who deal in such areas. A lapse of procedure will generally not work in your favour.
- The process of consultation with legal experts should not be overlooked in order to avoid probable delays or stoppage of your activity. If you are an Adjoining owner, you should be aware of your rights and obligations under the Party Wall Act.
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