Embarking on a construction journey or finding out that your neighbour is planning on undertaking building works can be both intriguing and complex, especially with regards to the Party Wall etc Act 1996 (the Act).
Amidst the excitement, it’s crucial to be well-versed in the complexities of the Act.
Whether you’re the building owner of the project or the recipient of a notice, understanding the nuances of this legislation will help on this journey. In this post, we’ll shed light on key aspects and what you need to know.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Does the project (yours or your neighbours) include “Notifiable Works” or not?
Examples of such “Notifiable Works” are outlined below;
Examples of notifiable works often overlooked are listed below;
The project as a whole does not fall under the Act, only the “Notifiable Works” does.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
The Party Wall etc Act 1996 process starts with a valid Notice. Without this notice, the process is void.
The Building Owner (or his Agent) must serve a valid notice on the Adjoining Owner. For the notice to be valid, it must include the following details;
Please remember an owner might be a freeholder, leaseholders, or long-term tenancy holders (over 12 months). An Owner may be a natural person or a company.
Many of the forms and templates provided online are unfortunately not valid. They also lack clarity on how to complete the notices correctly and what sections of the Act deal with what building works.
Notices must be responded to within set time periods, only counting working days. All responses must be in writing.
If an Adjoining Owner “Consent” to the notice (Option 1), the project may start, but if they “Dissent” (Option 2 or 3) the process will be undertaken by the Agreed Surveyor or the surveyors.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Dissent does NOT imply objection to your project; rather, it refers to the appointment of a surveyor or surveyors to facilitate the process.
The Adjoining Owner has the right to appoint the Building Owner’s surveyor (Agreed Surveyor route), or they may choose to appoint an Adjoining Surveyor (each party appoint their own surveyor).
When a neighbour refuses to respond or is unable to respond the Building Owner’s surveyor will appoint an Adjoining Surveyor (Deemed Dissent) and the two surveyors will deal with the process under section 10(4) of the Act. Deemed Dissent only relate to section 2 and 6 works.
All appointments has to be in writing as per the Act.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
The Party Wall etc Act 1996 may grant you additional rights, such as;
For the Building Owner;
For the Adjoining Owner;
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Generally they will undertake the following services;
Typically these items fall outside the scope of the Act;
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
While the building owner covers the expenses of the party wall process, it’s crucial that these costs remain reasonable, in accordance with the Act. On complex projects, a checking engineer may need to be employed. More detailed insights on this will be covered in a subsequent blog post.
We receive many enquiries from individuals who undertook building projects or permitted their neighbours to proceed with construction without adhering to the Party Wall etc Act 1996 procedures. At this stage, the construction work is often carried out unlawfully and without a comprehensive understanding of the Act. The most common problems and pitfalls associated with DIY party wall processes between neighbours typically include the following, based on our experiences assisting with numerous cases
Please consult a professional with experience and a good reputation to help you.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
In conclusion, this brief overview underscores the intricacies of the Party Wall etc Act 1996, emphasising the potential minefield of the Act and potential for construction mistakes. To navigate this complex terrain effectively, seeking professional guidance is not merely advisable but paramount.
The extensive body of literature and the array of court cases serve as cautionary tales, highlighting the costly consequences of construction related errors. Consulting with seasoned legal professionals who specialise in this field becomes a crucial step to proactively address potential pitfalls, rectify construction mistakes, and ensure compliance with the Act’s provisions. In doing so, one can fortify their position, mitigate risks, and steer clear of the adverse repercussions associated
For any queries or further discussion, feel free to contact us. I’m here to help.
Q&A Gilbert Gerber, gilbert@life-udesign.com 07595086170
Please find a link to the Government guidance document; The Party Wall etc Act 1996: explanatory booklet.
You can find our other projects on our maps widget Projects Map.
Please also find our Google Reviews!