Firstly, without boring you with the detail, let me offer you a brief background. The Party Wall Act (The Act) once we know it today was effectively born from the London Building Acts (LBA). As https://click4r.com/posts/g/16334639/ will appreciate London includes a large number of properties which are constructed near each other, and neighbourly disputes were slowing the construction process. The LBA introduced measures to create it easier for developers and home owners to handle work along boundary lines and decrease the degree of disputes by setting out specific obligations on both parties. Helpful resources was used successfully in London for many years until finally in 1996 it had been decided to revamp the act and roll it out nationwide in the form of The Party Wall Act 1996.
The Act is far reaching and is necessary more than you'll think. But you are not alone if you don't know much about any of it. Many builders I understand either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably thinking about this article because you're about to carry out a construction project, or possibly your neighbour is. It could be a little extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The original aspect is of course to determine whether the act is applicable to begin with. If you are in virtually any doubt it is always advisable to seek professional advice and in most cases the position is not monochrome. In crude terms however, a celebration wall is a structure shared by two neighbours which would include boundary walls or fences and also the walls to a building. Perhaps in this regard the title of the act is a little misleading and more than this, it may also be applicable if you propose to create a wall or building on land where no wall or physical boundary currently exists.
In today's environment where most properties are in close proximity one to the other it is generally the case that the act will become applicable during any construction project that involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where in fact the party wall isn't being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In conjunction, it may come into play for work that you would feel is minor, such as for example cutting into a wall to insert a weatherproof detail or flashing.
As you will have deduced the act is far ranging and is more often than not applicable when you carry out construction work near to neighbouring buildings / land. My advice would be to consult with a surveyor who has party wall experience in case you are unsure. Most surveyors will be willing to give some free advice on the phone and if the project is local to them, you will often find that they will give you a free stop by at assess your particular project in the hope that, if the act does apply you will appoint them to undertake the role for you. Certainly in my own professional experience as a chartered building surveyor I give free suggestions about a regular basis in the hope that it'll lead to an instruction. There are surveyors who will charge regardless however the key, as always is to agree a scope of service and any fee in advance to avoid confusion. You then know where you stand.
After you have deduced that the wall / structure is really a party wall you should determine if the act does apply to the task being completed. The Act is approximately 15 pages in length and split into 22 sections with various sub-sections. It isn't therefore an extended document and many of the sections include interpretations and explanation meaning that the most relevant sections are a lot more condensed. There's however two main sections which apply mostly and the home owner would be advised to understand;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a celebration wall subject to serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to make good, repair, or demolish and rebuild, a party structure or party fence wall" as well as "to cut right into a party structure for just about any purpose (which may be or include the reason for inserting a damp proof course). The complete list is defined out in the act and covers most work, other than very superficial, that could possibly be completed to a wall. Under most circumstances where any work has been carried out directly to a shared wall, it would be expected that the act should come into play, although you can find exceptions and you will be advised to take advice.
The second section which is apt to be most applicable is Section 6: Adjacent excavation and construction. Once again the technicalities are set out in the act but can be bewildering. In essence however, in the event that you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall may be a garden wall or fence) the act could be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. Should you be excavating within 3 metres the act is probably applicable.
After you have determined that; a) the wall is really a party wall and b) based on the scope of work or proximity of excavation the terms of the act can be applied, it will be necessary to follow the procedures set down within the act to be able to protect your position.
The first procedure would be to serve notice on the adjoining owner to see them of the work being carried out. There is absolutely no requirement to appoint a surveyor to serve these notices for you and sample templates are available online to download from various sources if you need to do-it-yourself. But if you do propose to serve notice yourself, be mindful of the fact that as with all things where you may not have sufficient knowledge, the repercussions of getting it wrong might have legal ramifications. With this basis it really is normally advised that you seek professional assistance. The notices, when served will be different depending upon whether the work falls under section 2, section 6 or both (there are other sections but as these are less commonly applicable I've not included commentary in this article), as too will be the amount of time applicable between your notice being served and work commencing. The notice under section 2 will provide two months notice and the notice under section 6 will provide a month following which work can commence as long as everything is in order with regards to the act. Once again there are many ramifications relating to adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for another day, or for the party wall surveyor to help you upon. Or you might find that the adjoining owner just consents to the task in which case you can begin earlier by mutual consent!
Even though the adjoining owner does consent i quickly would advise that a schedule of condition prepare yourself on the wall to make sure that you have a record of any cracks or defects before you begin work. You would be amazed at how many times a neighbour spots cracks after work has been completed, that were actually there before!
If nevertheless the adjoining owner dissents to the task and appoints their very own surveyor, because they are entitled to do beneath the act, then you will also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know what you are doing you need to get help. It's worth noting however, that if your neighbour does appoint a surveyor then as building owner it's likely you'll be liable for their fees.
The Act is really a fully established act of parliament and as such is law. Ignoring the Act is common place (often through insufficient awareness) but technically the perpetrator is then breaking regulations. I could get into detail regarding the implications of deliberately failing to serve notice but if you are a building owner scanning this article you then are clearly already aware of the act and concerned that the procedure is correctly followed. If you are on the other side, where a neighbour have not served notice you, there is recourse but you should seek professional advice. Additionally it is worth noting that ignorance is no defence in terms of the law.
It is believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the truth. Yes there is a business built around the act and professionals do charge for their services, but there's enough competition to make certain fees remain reasonable. It is actually an enabling act that ensures that the positions of both parties are protected and more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act can often save fees where there is once a prospect of litigation and dispute.
Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but it is a risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around an end of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not just large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused harm to the neighbouring property and he was forced to make good this damage by the court beneath the terms of the act. That is standard procedure and even if he previously served the right notices then he would still have been liable for this cost, but moreover with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) because it felt that Mr Sadiq's failure to see the act negated any great things about defence that he might gain from the terms of the act and for that reason special damages were allowed. In this case the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their residence as a result of the defects and they were even awarded charges for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the correct procedures and served the appropriate notices then these substantial additional costs wouldn't normally have been incurred. He would only have been responsible for the cost of putting right the damage, not the additional costs. This example is by no means common place but does head to shown the potential implications of not following a correct procedures. What seems like a sensible saving on surveyor's fees could become a substantial cost for damages. You have already been warned!
This brief article is aimed at giving a layman's view of the act for information purposes as opposed to a complete technical assessment. You should seek professional advice if undertaking any work to, or near neighbouring land or property. It should also be noted that the act does not have any bearing on any legislation, including the requirement for planning permission or building regulation approval etc which are completely separate entities.