PARTY WALL DISPUTES

A party wall is any structure, such as a wall or fence, which is on the boundary between two properties. This includes, for instance:

• Vertical walls between two semidetached houses.
• Ceilings or floors between flats.
• A wall built on the boundary between two separate houses.

Any work that you or your neighbour carry out to a party wall can potentially lead to a party wall dispute. The most common types of disputes occur when someone does work to a shared wall without the neighbour’s permission or a neighbour refuse to give consent to the proposed building work.

The Party Wall Act 1996 was introduced to regulate any alterations to a property (or to land with fences or walls). It mainly applies to semidetached properties (such as semidetached houses or terrace properties) but includes flats as well. Renovations affecting party walls must be carried out in accordance with the Party Wall Act 1996 to prevent (or limit) damage to adjoining properties.

The Party Wall Act 1996:

• Sets out what type of building work can and cannot take place regarding a party wall.
• Requires the person carrying out renovations to give the neighbours two months’ notice in writing of their plans.
• Permits the adjacent owner to consent or object to the renovations within 14 days of receiving the notice.
• Sets out a dispute resolution procedure where an independent surveyor will make an award regarding the details of the work, timescales and protective measures needed for adjacent properties.

There are different types of notices and different applicable time periods for when work can begin. It is important that you get legal advice to ensure that these notices are sent properly and at the right times.

The Party Wall Act 1996 applies to instances where:

• Building work is being carried out on or at the boundary of two properties.
• Building work is being carried out to an existing party wall or party structure.
• Excavation work is being carried out near to and /or below the foundation level of a neighbouring property.

Permission is not normally required for routine changes to a party wall such as changing an electrical socket unless the work involves removing part of the wall.

If you are not sure whether the Party Wall Act would apply to your case, contact us today to discuss the circumstances of your case.

In accordance with the Party Wall Act 1996 before you begin any work on a party wall you must give your neighbour 2 months’ written notice of your plans.

The Party Wall Act 1996 makes it clear that anyone carrying out renovation work to a party wall must first give the other party two months’ notice in writing of their plans. Within 14 days of receiving the notice you should give your neighbour notice that you:

• Agree with the work.
• Oppose the work.
• Agree with the work subject to modifications and/or compensation.

If your neighbour has already started work without permission, you should contact them immediately and demand that they stop all work until such time as the parties have agreed on the extent of the works (including any protective measures and compensation). If your neighbour refuses, we can apply to the court for an injunction forcing them to stop work until you have agreed on what work needs to be done. Usually, the cost of obtaining a party wall injunction can be recovered from your neighbour.

A Party Wall Award is a decision made by an independent surveyor. It defines what work can be done; timeline for completion and any compensation agreed for any inconvenience caused. It will also contain a schedule of condition setting out the condition of the property prior to any work being carried out to ensure that should the property be damaged then the other party can bring a claim for compensation.

You can appeal a Party Wall Award if you are not happy with it. However, there is a very short window to appeal an award so you must act quick.

If you are carrying out any renovations which might affect a party wall, or if a neighbour is planning to carry out renovations (or has even started on those renovations) which affect a party wall, it is important to take expert legal advice.

Due to the complexities involved it is advisable to take legal advice from a party wall solicitor to protect your property and your interests. You will need legal help if:

• There is a disagreement about work proposed.
• Work is threatened or started without the Party Wall Act 1996 being complied with when it should be.
• Work or other things to be done under a Party Wall award have not been done, or have not been done properly
• There is concern about an award and an appeal might be necessary.