What is the law and
what does it cover?

In England and Wales the Act gives the
Building Owner (the person or firm having
the work carried out) the right to do works
to the Party Wall which, in the past, could only be undertaken with the agreement of the Adjoining Owner (with some exceptions).

What type of work is covered?

• Work on any existing wall, ceiling
or floor structure which is shared
with another property

• Building on or at the boundary with
another property

• Excavating near a neighbouring
building or structure

What if the Adjoining
Owner doesn’t agree?

If the Adjoining Owner disagrees
(or does not reply to notice within
14 days) then a dispute arises.

The Adjoining Owner (neighbour) should then appoint a Party Wall Surveyor to act on their behalf. In this context a Surveyor should be a suitably experienced professional.

If the neighbour does agree?

Even if the neighbour does agree with the
work, they are recommended and entitled
to appoint a Party Wall Surveyor to ensure that the Act is being complied with. The
Party Wall Surveyor is an impartial professional acting in the interest
of the property’s condition.

The Party Wall Act 1996 explained...

The Act came into force on 1 July 1996
and applies throughout England and Wales.It provides a framework for preventing and resolving disputes
in relation to Party Walls, boundary
walls and excavations near neighbouring buildings. It is based on some tried and tested provisions of the London Building Acts, which applied in inner London for many decades before the
Act came into force.

Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. Where the intended work is to an existing Party Wall (section 2 of the Act) a notice must be given even where the work will
not extend beyond the centre line
of a Party Wall.

It is often helpful in understanding the principles of the Act if owners consider themselves joint owners of the whole
of a Party Wall rather than the sole
owner of half or part of it.

Who pays for the Party Wall Award?

The Building Owner (the person or firm
having the work carried out) is responsible
for paying the Surveyors fees.

About us...

Clarke Hillyer have one of the leading Party Wall teams in the locality. We have significant experience in dealing with contentious Party Wall disputes. Our on site inspection teams have safe guarded the rights of many Building and Adjoining Owners.

• responding to the landlord’s
Counter-Notice;

• negotiation and settlement of the price;

• advice on structural and repair
condition and implications for future
maintenance costs/service charges;

• advice on future management.