Building, extending, or renovating a property can be a big project with a lot of moving parts. Whether you’re updating a semi-detached property, extending an end-of-terrace house, or building near a garden boundary, securing the right permissions is an essential early step in the process, helping everything else fall into place.
While some permissions might seem obvious, others can often be overlooked, creating all manner of project issues and delays. We’re here to provide some vital information on dealing with party walls, so you can enjoy a smooth, compliant build and retain amicable relationships with your neighbours.
Read on for an overview of the Party Wall Act of 1996, and feel free to contact us to discuss our party wall services.
What is a ‘party wall’?
Many extensions and upgrades affect adjoining walls — and this can be a significant factor in your project. Shared walls that stand on a boundary between land owned by two or more people are known as ‘party walls’. As there is some nuance in definitions, the concept of party walls can seem confusing, so let’s try to clarify a few key points.
Party walls can be part of a building, or they may separate two or more buildings. You may also come across ‘party fence walls’ — this type of boundary sits astride land shared by two or more owners but isn’t part of a building.
A wall can be a party wall even if it’s entirely on one person’s land — in this situation, the wall is used by the neighbouring owner (for structural support, for instance).
It’s also worth noting that, even if it’s on a boundary line, any form of fence doesn’t count as a party wall.
What are party wall structures?
When planning construction work, you may also see references to ‘party structures’. A party structure is any part of a building (other than a wall) that is shared by adjoining properties. It could be a shared floor and ceiling between two flats, a beam that forms part of two properties, or a chimney stack, for instance.
What is the Party Wall Act of 1996?
The term ‘party wall’ is tied directly to the Party Wall Act of 1996. This is a piece of legislation that means anybody planning construction that will affect an adjoining wall or structure has an obligation to inform their neighbour about the work.
After all, it’s only fair that a neighbour knows when nearby building work could impact their property. The project could cause noise and disruption, and it may create structural changes to their space. Informing them allows them to raise any concerns and protect their interests.
What do you need to do if your project will affect a party wall?
Before you can make a start on any building work affecting a party wall, you’ll need to inform the neighbouring owner of your plans.
For this, you need to:
1. Get a party wall survey: This is recommended to help identify any structures that count as party walls and highlight any potential issues or project risks.
2. Serve notice: This is a written statement of your intentions. You’ll need to give this to your neighbour, who then has an opportunity to dispute your plans. If there are any disagreements, a party wall surveyor can help you resolve them.
3. Draw up a party wall agreement: Once all parties have had the opportunity to discuss the project and the adjoining owner wishes to safeguard their interests, you can appoint a surveyor which would create the legal document named the party wall award.
What happens if you don’t arrange a party wall award?
While organising a party wall agreement may seem like an unnecessary step, it can be critical to the success of your project. If you choose to skip serving a party wall notice or complete the work even if your neighbour has disputed the proposal, you could find yourself in legal trouble.
Your neighbour may wish to seek a court injunction, forcing you to stop any work already in progress — this can be expensive and cause long delays. If you complete any work and end up damaging the party wall, your neighbour could even seek compensation — another costly issue.
Carrying out unauthorised work can also create tension, damaging the relationship between you and your neighbour and creating an unpleasant environment for all involved.
Party wall advice and services from Robert Turner Associates
The Party Wall Act of 1996 is an important piece of legislation, and dismissing it can cause a range of issues. The good news is that, when handled properly, party wall matters can be straightforward and stress-free for both you and your neighbours.
Our team at Robert Turner Associates can ensure your project gets the go-ahead from all relevant parties, helping you build, extend, or renovate with complete peace of mind. We’re here to offer impartial advice and can draw up all the legal documentation you need. Please don’t hesitate to get in touch to see how we can support your residential or commercial construction project.
