Party Walls
about the Party Wall etc. Act 1996
The Party Wall etc. Act 1996 introduced a procedure for resolving disputes between owners of neighbouring properties, arising as a result of one owner's intention to carry out works which would affect the other.
The legislation is in place to facilitate construction works while protecting the property interests of adjoining owners. The Act traces its origins back to 1666 when, following the Great Fire of London, authorities regulated the construction of party walls between properties. The statutes evolved in London until the introduction of the Party Wall etc. Act 1996, which covers the rest of England and Wales.
Developers and homeowners have a legal obligation to adhere to the provisions of the Act when building work affects a party wall or party structure. The Act covers three types of work:
- Alterations/remedial works to a shared party wall or party fence wall
- Construction of new boundary walls
- Excavations in close proximity or adjoining nearby property
Where work falls within one of the above categories, the building owner (the legal term for the party undertaking works) must serve notice and obtain the adjoining owner’s consent. If consent is not given, the parties are deemed to be in dispute under the Act and must appoint party wall surveyors to resolve the dispute through a party wall agreement.
If this process is not followed, the adjoining owner may serve an injunction to stop the works which could result in additional costs, delays and claims from the contractor.
advice Carter Jonas can provide around party wall issues
Our approach to party wall matters
Our experienced surveyors can advise on proposed developments and the implications of the Act at the planning or design stage, taking costs and time into account at the project outset. We consult with designers and engineers to advise of the likely consequences and the best way to apply the Act. For example, provisions within the Act facilitate access from adjoining land to undertake works which otherwise might not be obtained.
Our role when appointed by the building owner
We recommend that building owners should always appoint an experienced party wall surveyor to check whether their works fall under the scope of the Act and, if necessary, to draft the required
notice(s) to ensure compliance. It is important to note that notices that fail to include all the required information or, are incorrectly served are invalid, resulting in the possibility of an injunction.
Our role covers the following:
- Researching Land Registry, drafting and serving notices
- Selecting a third surveyor to handle matters, in agreement with the adjoining owner’s surveyor, when the appointed surveyors cannot reach an agreement
- Arranging access and inspecting adjoining owners’ properties to produce a Schedule of Condition of their property. This gives a benchmark to determine whether damage has been caused by the works, which prevents spurious claims on completion
- Negotiating a Party Wall Award(s), subject to agreement with adjoining owner’s surveyors
- Reviewing the fees of the adjoining owner’s surveyor
- Issuing and serving Party Wall Awards to the building owner and adjoining owner(s)
Our role when appointed by the adjoining owner
When a notice has been served, the adjoining owner has the option to consent or dissent to it. If no response is made within 14 days, the owners are deemed to be in dispute under the Act and must each appoint a surveyor. In circumstances where a dispute arises, we can provide the following support:
- Reviewing notices to check their validity
- Reviewing drawings related to the scheme
- Recommending a checking engineer, where necessary
- Selecting a third surveyor in agreement with the building owner’s surveyor, when the appointed surveyors cannot reach agreement
- Carrying out a joint inspection to provide a Schedule of Condition that accurately reflects the building’s condition
- Negotiating the Party Wall Award with the building owner’s surveyor
- Inspecting the adjoining owner’s property on completion of the works and checking the Schedule of Condition
What is a Party Wall Award?
A Party Wall Award is a legally binding document which is agreed between the two appointed surveyors or a joint surveyor. It specifies the works undertaken, the building owner’s responsibilities, the adjoining property’s Schedule of Condition and drawings relating to the works. The building owner typically meets all expenses.
Why choose Carter Jonas to provide you with Party Wall advice?
Our building consultancy professionals are located in Bristol, Birmingham, Cambridge, Oxford, Leeds and London. Our designated teams contain highly qualified and experienced chartered building surveyors who consistently provide a professional, effective, and personal service.
In our experience, failure to comply with the Act can lead to project delays which, in most cases, results in additional costs. Our qualified building surveyors are members of the Faculty of Party Wall Surveyors and provide a high-quality service to architects, homeowners, neighbours, property developers and project managers. By appointing a qualified chartered surveyor, clients can be reassured that they will benefit from professional standards of conduct and an approach that is completely impartial and not commercially driven.
Richard Love is a Partner, Head of Building Surveying in our London Commercial Team. Richard joined from Watts Group PLC where he worked since 2010, most recently as director in it's project consultancy group. Richard's role is to provide building consultancy services, including relocation management, contract administration, design, strategic procurement and conservation advice with our clients.
Career Highlights:
Ealing Town Hall:
Full external restoration of Grade II Listed Victorian Gothic town hall building. The project arose from a survey identifying incidences of dangerous stonework and the project incorporated extensive masonry repairs, reroofing, redecorations, stained glass replacement, access improvements and drainage improvements. Works on site were delivered over an eight month period during which the town hall remained fully operational.
The Royal College of Psychiatrists HQ Relocation:
Project management services in respect of all aspects of the HQ relocation for this prestigious medical college. The relocation centred around moving into a 50,000sq ft 1980’s office building and delivered a comprehensive strip out and refurbishment including the creating of canteen and catering facilities, conference space, library including antique book collection and sublet space. The relocation was delivered in 9 months (inception to completion) and Richard also handled dilapidations matters on exit.
Career developments
Being appointed to the board overseeing the expansion of the Carter Jonas Commercial Division, which took place in early 2017. Also, managing the expansion of the Architecture and Building Consultancy team. The service line has doubled the number of specialists working within it in the last two years, becoming the largest team within the division. Further growth plans are currently in place for the next few years.
Matthew is a Chartered Building Surveyor in the Chapel Place office. Matthew has undertaken various Building Surveying services to a diverse portfolio of clients, including Royal Mail, Salvation Army, Winchester Working Men’s Housing Society, Aurora Fashions and Network Rail.
His primary skills cover: Schedules of Work, Schedules of Condition, Party Wall matters, Planned Maintenance Repair and Refurbishment Contracts of various properties, Schedules of Dilapidations, Insurance Valuations , Fire Insurance Valuations, Contract Administration, Defect Diagnosis and Prognosis, Statutory Consents, Budget Costs and Pre-acquisition survey.
Career Highlights:
- Shortlisted for Young Surveyor of the year in 2016.
- Leading on Party Wall matters for whole Thameslink project over 5 year period.
- Defending dilapidations claim on behalf of Tenant, resulting in a reduction of the Landlord’s claim from £4.9m to £1.45m
Career Highlights:
- Securing a portfolio insurance assessment in 2016 for over 150 assets in Greater London and Scotland.
- Delivering a £700,000 CAT B fit out to fifth floor offices on Paternoster Square overlooking St Paul’s Cathedral in the Summer of 2015.
- Providing Lead Consultancy advice to major financial institution for CAT A refurbishment of 20,000 sqft offices in central Bath.
- Building consultancy
- Commercial Tenant Advisory
- Commercial property and asset management
- Commercial Landlord Advisory
Matthew Ellams is head of our project management team. He has considerable experience within the sector and has worked across a wide range of projects, servicing many different types of clients.
Keith is a Partner in the commercial team and is based out of our Cambridge office.
Career Highlights:
- Project Management of the UK’s first retrospective fire pressurisation system on Grade II* listed tower building.
- Conservation and Restoration of Grade II* listed 18thC Summerhouse.
- Award Winning Conversion and Refurbishment of a Grade II listed farmhouse and range of traditional barns into a mixed use development.
Keith is a Partner in the commercial team and is based out of our Cambridge office.
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