As the Party Wall Act enters its 28th year, demand for living space continues to grow in London. The problem is that land is scarce – ‘They just ain’t building any more of it!’ Property owners are forced to consider other options such as building up, down or back, into lofts, basements or gardens. In such cases, the proposed works may well be subject to the Party Wall etc Act 1996 and Notice must be served on neighbouring properties.
The Party Wall Act may be required for building on a boundary, works to the Party Wall itself, and for excavations. It may apply if you are raising, extending, underpinning, thickening, reducing or demolishing the Party Wall, as well as exposing it or enclosing upon it.
So what is a ‘Party Wall’? (Nothing to do with noisy neighbours!!) It is a wall between two properties jointly owned by either side. These are very common in built up areas, although in some cases, a wall may belong exclusively to one side, usually the one with the older building, in which case different rules apply. When an owner serves Notice under the Act, he becomes the ‘Building Owner’, and the recipient of the Notice, the ‘Adjoining Owner’. Unless the Adjoining Owner consents to the proposed works, a Party Wall Award must be agreed between Surveyors. If you are an Adjoining Owner, you have the right to appoint your own Surveyor at the expense of the neighbouring Building Owner.
This might all seem rather arduous at first instance, but the Party Wall Award creates a contractual relationship between builder and neighbour which in fact provides protection to both sides: it clearly sets out the rights of the Building Owner to carry out the work to a shared wall and his duties in respect of his neighbour’s property, reducing the risk of conflict and litigation. It affords more protection to the Adjoining Owner’s property from damage and disturbance.
I have extensive experience of assisting both Building Owners and Adjoining Owners. My role in either case is to ensure their respective interests are protected with minimum inconvenience, and to advise owners of their rights and duties.
