Understanding Party Wall Agreements: Key Considerations and Common Questions
If you're planning to carry out building work on your property, especially near your neighbour’s property, you may need to consider the Party Wall Act 1996. This legislation protects both property owners by outlining procedures for when a Party Wall Agreement is necessary.
Here’s a look at the most common questions property owners have about this Act and the importance of adhering to its rules.
Can I serve my own Party Wall Agreement?
Yes, you can serve your own Party Wall Notice, but it’s not always advisable. Serving a Party Wall Notice requires specific knowledge of the Act’s requirements and timing, and mistakes can lead to disputes or legal issues. Many property owners choose to hire a surveyor to ensure the process is handled correctly. A surveyor will also provide the necessary documentation, which can protect you in case of disagreements with your neighbour.
What happens if you don’t comply with the Party Wall Act?
Failure to comply with the Party Wall Act can have serious consequences, including legal action and potential fines. If you don’t serve the required notice or fail to follow the correct procedure, your neighbour could take legal action, forcing you to stop work and pay compensation for any damage caused. Additionally, you may be liable for the cost of a surveyor, necessary repairs, and possible damages for any disruption to the neighbouring property.
Can I start building work without a Party Wall Agreement?
No, you cannot legally start building work if a Party Wall Agreement is required and you haven't obtained one. If your project falls under the scope of the Act, you must serve the necessary notice in advance and wait for the notice period to expire. Proceeding without an agreement can lead to disputes, delays, and costly legal complications. Consulting a party wall surveyor before starting work is essential to ensure compliance with the Act.
Who pays for party wall fees?
Generally, the property owner carrying out the work is responsible for Party Wall fees. This includes the cost of hiring a surveyor, preparing the notice, and any other related expenses. However, the neighbour may be required to contribute if they benefit from certain aspects of the work or if their property sustains damage. Costs can vary, so it’s advisable to discuss them upfront with your neighbour or surveyor.
What happens if a neighbour refuses a Party Wall Agreement?
If your neighbour refuses to consent to the proposed Party Wall Agreement, you can still proceed with the work, but it may require the involvement of an independent surveyor. A dispute resolution process will be initiated, and an impartial surveyor will determine the best course of action. In some cases, your neighbour’s refusal could delay the project or increase costs, but it does not necessarily prevent the work from moving forward.
A timber garden fence does not constitute a Party Wall
When is a Party Wall Agreement required?
A Party Wall Agreement is required in the following situations:
Building or altering a shared wall – Any structural work to a wall that divides two properties.
Excavation near a boundary – Digging foundations or carrying out excavations close to a neighbouring property that might affect its structure.
Overhanging structures – Constructing a feature that extends onto a neighbour’s property, such as a canopy or balcony.
When is a Party Wall Agreement not required?
Some types of building work do not require a Party Wall Agreement, including:
Internal renovations – Altering the interior of your property without affecting the party wall.
Minor repairs – Maintenance work on a shared wall that does not involve structural changes or excavation.
Small garden walls – Building a wall within your property boundary, provided it does not impact the shared boundary or structure.
A recent client project which required 17 Party Wall Awards!
Navigating the Party Wall Act can be complex, but understanding when an agreement is necessary and how to manage disputes can help prevent future problems. Always follow the proper procedures, as neglecting them can lead to costly delays or legal action. If in doubt, consulting a qualified surveyor is a prudent step to ensure compliance and avoid unnecessary disputes with your neighbours.