Written by Jo Tinson, Partner at Spire Solicitors LLP.
If you intend to carry out construction or demolition work to your property and have some walls in common with your neighbour’s property, you will need to consider serving a Party Wall Notice.
The Party Wall etc Act 1996 (PWA 1996) provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. It sets out a strict procedure to be followed by the owner of either property when carrying out works of repair or maintenance.
The PWA 1996 affects property owners who wish to:
- work on existing party walls or structures
- construct a new wall or structure at or astride the boundary line with an adjoining property, or
- excavate within 3 or 6 metres of an adjoining building or structure (depending on the depth of the works).
The basis of the PWA 1996 is that both neighbours own the whole of the party wall or structure rather than half each. This means that the legal procedure for proposed works should be followed even if the works are not intended to go beyond the centre line of an existing wall or structure.
If works are required to a party wall, a strict legal procedure must be followed. This is initiated by one neighbour serving on the other a Party Wall Notice. This is a notice of intention stating:
- an existing party wall between you and the adjoining land owner has become unstable and is in need of repair
- you want to build a new party wall, either entirely on your own land or astride your land and the adjoining land owner’s land or
- you want to carry out excavation works within three or six metres of any adjoining owner’s land (the distance between dependent on the extent of the works)
If the neighbour agrees that the proposed works are required, the works can commence after the expiry of a notice period. The length of this notice period depends on the type of works involved. It is recommended that even where both parties are in agreement, you seek a party wall award as this can limit the possibility of disputes under the Act once the works have started. This award can include a schedule of condition setting out the agreed standard to which the structure is to be returned to.
On serving a notice, should you receive no response to it, or the neighbour objects to the proposed works, then there is a mechanism for dispute resolution within the Act. This procedure can include the appointment of a surveyor to draw up a party wall award setting out the works required and the timeframe within which they should take place.
For advice on party walls, the procedures required or consideration of your responsibilities for dividing structures within your deeds, please contact Spire Solicitors LLP on 01603 677077 for all your legal needs.
