Frequently Asked Questions

A party wall, as defined by the Party Wall etc. Act 1996, encompasses various scenarios where a wall serves as a shared boundary between two or more properties. These scenarios include:

1. A wall that physically stands on the lands of two or more owners and forms an integral part of a building. This could involve a wall that is part of a single building or one that separates different buildings owned by different individuals.
2. A wall situated on the lands of two owners but not constituting part of a building. Examples include garden walls, excluding timber fences.
3. A wall located on the land of one owner but utilized by two or more owners to separate their respective buildings.

Moreover, the Act also references the term ‘party structure,’ which extends beyond mere walls to include floor partitions or other structures dividing buildings or portions thereof under distinct ownership, such as in the case of flats.

Understanding these definitions is crucial for navigating the legal obligations and rights associated with party walls and structures under the purview of the Party Wall etc. Act 1996.

In the United Kingdom, the Party Wall etc. Act 1996 stipulates procedures for property owners undertaking building work that may impact shared walls or boundaries with neighbouring properties.

When embarking on such projects, understanding the nuances of the Act becomes crucial. While you can initially issue your own notice regarding the proposed works, it’s essential to anticipate the possibility of your neighbour’s dissent. If your neighbour dissents, it signifies their objection or concerns regarding the proposed works.

This is where a Party Wall Surveyor (PWS) steps in. A PWS acts as a neutral third party, well-versed in the intricacies of the Act, to help navigate through potential disputes. Should your neighbour dissent, the involvement of a PWS becomes a legal necessity. The PWS assists in clarifying the procedure, ensuring compliance with the Act, and ultimately, resolving disagreements through the issuance of a legally binding document called an ‘award.’

In essence, the expertise of a Party Wall Surveyor not only helps in understanding the requirements of the Party Wall etc. Act but also plays a pivotal role in safeguarding the interests of both parties involved in the building process.

A Party Wall Award is a crucial legal document drafted by a Party Wall Surveyor in response to a dissent from an adjoining owner regarding proposed building works. This comprehensive agreement not only outlines the specific nature of the intended work but also delineates the rights and responsibilities of each party involved.

In addition to detailing the proposed work and its implications, the Party Wall Award goes further to stipulate essential aspects of the process. This includes, but is not limited to, specifying the timeframes and manner in which the works are to be carried out, establishing measures for compensation should any damage occur, clarifying rights of entry onto adjoining properties, addressing security for expenses, and highlight issues relating to easements.

By encompassing these critical elements, the Party Wall Award serves as a roadmap for the execution of the building works while safeguarding the interests and rights of all parties involved. It provides clarity, sets expectations, and ensures that the construction process proceeds smoothly and in accordance with the provisions of the Party Wall etc. Act 1996.

As the building owner undertaking proposed works, it’s not always mandatory to engage a Party Wall Surveyor when building near a boundary. However, it’s crucial to adhere to the procedures laid out in the Party Wall etc. Act 1996 if your planned construction falls under its jurisdiction. Should your neighbour Dissent to a Party Wall Notice then appointing a surveyor becomes mandatory for resolution.

If you’re the neighbour affected by the proposed works and opt not to respond to a notice, a Party Wall Surveyor will be appointed on your behalf. This ensures that your interests are represented and that the necessary steps are taken to address any concerns or disputes that may arise during the construction process.

In situations where consent is given to a Party Wall Notice drafted by the building owner, engaging a Party Wall Surveyor may not be needed to draft an Award but it is still advisable to undertake a ‘Schedule of Condition’.

Consenting to a Party Wall Notice essentially means acknowledging and agreeing to the proposed building works outlined in the notice. When you consent to a Party Wall Notice, you’re indicating your acceptance of the planned construction and your willingness to proceed without raising any objections or concerns.

By providing consent, you’re essentially giving the building owner the green light to carry out the proposed works without the need for further formalities or disputes. This agreement typically simplifies the process and allows the construction to proceed smoothly, provided all other legal requirements are met.

On the other hand dissenting to a Party Wall Notice involves expressing your objection to the proposed construction work or simply seeking an agreement to handle potential future disputes. By dissenting, you assert your right to address concerns and protect your property during the construction process. This structured approach ensures a thorough assessment and risk mitigation, promoting fair resolution of disputes while considering the interests of all parties involved.

It is generally advised to consent only if the building work is minor and the Adjoining Owner believes that the likelihood of disputes over damage is low. Consider for the following reasons:

– Potential Liability: By consenting to a Party Wall Notice, the Adjoining Owner accepts significant potential liability. If any damage occurs, they may have to bear the cost of a final inspection and any legal actions required to resolve disputes.

– Loss of Protections: Consent means foregoing the protections offered by the Party Wall Act, such as the automatic appointment of surveyors and the creation of a legally enforceable Party Wall Award in case of disputes.

– Importance of a Schedule of Condition: Even if consenting, it’s prudent to have a Schedule of Condition prepared to document the state of the property before work begins, aiding in any future disagreements about damage caused by the work.

Remember, while consenting may seem like a way to maintain good relations and save on surveyor’s fees, it shifts the responsibility and potential costs to the Adjoining Owner should issues arise. It’s crucial to weigh these factors carefully before making a decision.

Party Wall Surveyors in the UK operate within an unregulated environment. Therefore, the process of selecting the right individual or company demands careful consideration and due diligence. Beware there are rogues out there!

Look for qualifications and membership of reputable surveyor organisations such as: The Faculty of Party Wall Surveyors, the Pyramus and Thisbe Society or the Royal Institute of Chartered Surveyors.

Andrew Jones BSc (Hons) MFPWS is a member of the Faculty of Party Wall Surveyors here at Hampshire Party Walls and we are committed to excellence and adherence to a rigorous ethical code of conduct. This membership serves as a hallmark of trustworthiness and competence, instilling the confidence you need when entrusting Hampshire Party Walls with your party wall matters.