The Party Wall Etc. Act 1996 ('The Act') is often a concern for the developers or building owners it effects, but it doesn't have to be complicated.
'The Act' is quite simply an enabling mechanism to ensure that the interests of all relevant stakeholders are protected for the duration of any proposed works. Surveyors act in the interest of the wall itself, negotiating a considered approach to works to prevent any long lasting damage to any joint or neighbouring structures.
When is a wall a Party Wall?
'The Act' covers three main definitions 'a party wall', 'a party fence' and a 'party structure'.
A Party Wall has two definitions (1) a wall standing on the land of two owners to the greater extent than simply projecting foundations or (2) the part of the wall standing on the land of one owner that separates the buildings of two owners.
A party structure can be a wall or floor separating two different parts of a building with two different entrances.
A party fence wall is a freestanding wall that is not part of a building and stands astride the boundary.
When is it needed?
The Party Wall Act places a requirement on Building Owners to notify Adjoining Owners prior to undertaking any works which may effect the wall. There are three main situations under which notice may be required;
Section 1: Where it is required to erect a new wall on a boundary that has not already been built on.
Section 3: Concerns any works to existing Party Wall, Structure of Fence including 'building-off', adaptions, setting beams, demolition, forming openings etc.
Section 6: can apply to foundations unto six meters away from a building or other structure on the adjoining owners land, 'The Act' sets out rules colloquially known as the 'three and six meter rule'.
In essence notice may be required when undertaking any works to or near to any existing Party Walls, Structures or Fences and can be required for any works upto six meters away from boundaries. It also applies to construction of new walls astride a boundary.
How long will it take?
There are a number of statutory time frames for serving notices and agreeing awards. Broadly speaking it is recommended to allow One Month for notices served under Section 1, Two Months for notices served under Section 2 and One Month for notices served under Section 6.
Adjoining owners are required to respond to initial notices within fourteen days, if they do not, they have a further ten days to appoint their own surveyor. Following this the time required to negotiate, draft and agree the awards will depend on the complexity of the proposed works and the building construction.
What do I need to do?
A written notice containing detailed information about the works, building owner and proposed start date must be sent to all relevant stakeholders or Adjoining Owners.
If a notice is served under Section 6 then it must also contain plans and sections showing the size and depth of any excavations, and also must state whether underpinning or other foundation strengthening will be required.
If a notice is served under Section 3 includes works requiring 'special foundations' then details of these foundations will need to be included.
Adjoining owners will have fourteen days to respond to this notice, if they do not they will be deemed to have dissented and will need to appoint their own surveyor within ten further days, if they do not appoint a surveyor the Building Owners surveyor may be required to appoint one to act on their behalf.
It's important to note that the adjoining owner can consent to appointing the Building Owners surveyor to also act on their behalf or may wish to appoint their own surveyor. In either case the Building Owner is required to pay the fees including reasonable disbursements of both surveyors.
This is only a brief summary of 'The Act' for further information please see; https://www.gov.uk/party-walls-building-works