Adjoining Owners FAQS

Been served with a notice?
If you have been served with a party wall notice we may be able to assist you with this matter completely free of charge, call us now on 020 7096 0509.

What is a Party Wall?
Well a dictionary definition of a Party Wall is, 'a wall built on the boundary line of adjoining properties and shared by both owners'. Effectively both parties have an interest in the wall.

Every semi detached house has a party wall and both owners have an interest in the party wall. If the Party Wall was seriously damaged or removed both owners would be affected. If the Party Wall needed to be rebuilt both owners would normally have to share the cost of rebuilding the Party Wall.

There are generally two classifications of a party wall, 'boundary walls or party structures'.

Party Fence Wall
The simplest type of boundary wall that falls under the Act is a Party Fence Wall.
" It has these characteristics:
" It is not part of a building.
" It acts as a fence between two adjoining properties. (See the above illustration)
It is built on the land of both owners (i.e. it straddles the boundary above ground level)
The wall does not need to sit right in the middle of the boundary between two lands, even if it encroaches slightly onto another land that makes it a party fence wall.

Party Structure
'Party Structure' is defined in section 20 of the Act as either a 'Wall', 'floor' or a 'partition' etc separating buildings , for example:

" A wall that straddles the boundary above ground level, or
" A wall that just separates buildings belonging to different owners (See the below illustration)

What is The Party Wall etc. Act 1996?
One of the unpopular laws covering building projects in built-up areas is the Party Wall Act 1996. The 1996 Act gives Building owners considerable rights over the walls separating them from their Adjoining Owners, almost in spite of legal ownership. For example, this means that a person who decides to build an extra storey on his home could have the right to knock down a wall of his Adjoining neighbour's house and re-build it to bear the extra load. Furthermore, the Building Owner could, under some situations, be given authority for entry to the neighbour's property in order to carry out the work. Nevertheless, this is not quite as uncontrollable as it sounds. The Building Owner can only resort to forceful entry after following stringent procedures intended to uphold and protect the interests of both parties. Interestingly the 1996 Act not only covers building upwards but also downwards.

What is the purpose of the Act?
The Act has three main purposes:
1. It lays down procedures by which a landowner may construct a party wall on the boundary if his neighbour agrees. This is so that, if agreed, both neighbours will each own half of the wall (or whatever proportion they agree) and will similarly share the cost. In the absence of agreement, the wall must be built completely on the land of the building owner. He is then the sole owner of the wall and bears the full cost. Notice must be given when a wall is going to be built on the boundary, even if the proposed wall is to straddle the boundary.
2. The Party Wall etc Act deals with repairs to party walls and other structures on the boundary of land. The Act is quite specific in describing the work which is permitted, which includes the underpinning and demolition of walls, the installation of damp-proof course, and other work.
3. The Act requires landowners to give notice to their neighbours if they intend to excavate within a certain distance of the boundary. The main aim here is to protect foundations which might be at risk.

Who is the Building Owner?
The Building Owner is the guy who wants to do the works whether it is cutting into a Party Wall for a padstone, taking out a chimney, raising the Party Wall etc, or, excavating for new foundations within 3.0M of a neighbouring property.

Who is the Adjoining Owner?
The Adjoining Owner, is the neighbour whom may be affected by the works.

What is the Building Owners role?
The Building Owner will assess the works and decide if the Act applies. He would seek the advice of his Surveyor (Building Owners Surveyor) and decide what type of Notice needs to be issued to his neighbour.

What is a Party Wall notice?
The Notice basically gives a brief description of the works, and offers the Adjoining Owner the right to simply consent to the works. If this is agreed the Building Owner Surveyor would prepare a Schedule of Condition to accurately record the condition of the neighbour's property prior to commencement of works, after which the works can proceed.

I am confused as to what a schedule of condition is?
A schedule of condition is merely a document of all defects found in your property. This is prepared so that the appointed party wall surveyor or surveyors can revisit your property after your neighbours works are complete to check whether any new damage has arisen. The schedule of condition makes it easier to settle any subsequent claims for example, if there was no schedule of condition there would be nothing for the surveyor to check against and therefore no evident to prove any reported new defects found are indeed new. To this degree it is wholly recommended that the adjoining owner allows the surveyor full access to all relevant areas. In addition to taking notes of all the relevant defects we like to take photographs. As they say a pictures speaks a thousand words.

My neighbour has stated to demolish the boundary wall with out notifying us, can we stop the building owner from carrying out his proposed works?
The Party Wall etc. Act 1996 will not allow an adjoining owner to hold a Building Owner to ransom; it has not been put into place as a hindrance provided that the developer and or building owner follows the procedures set out he or she can continue work. However, The Party Wall etc. Act 1996 is even-handed; therefore if a developer or Building Owner carries out work and totally disregards the Act the courts can grant you an injunction to restrain any building work. The building owner can therefore chose to follow the 1996 Act or not, but at his own risk.

What if we/I do not response to the Party Wall notice?
If you fail to respond to the Notice within 14 days, (as stipulated by the Act) you are assumed to have dissented to the works and a dispute will have arisen. It is then your responsibility to appoint a Surveyor to act on your behalf. If this is not done within the timeframes prescribed by the Act then the Building Owners Surveyor has the right to appoint one for you. However this may not be in your interests because the Building Owner or his surveyor may appoint a surveyor they know, the Building Owners surveyor may even appoint someone in his own company. Unfortunately, from our experience we have found that not all surveyors Act impartially and to this degree it is wholly recommended that you appoint your own surveyor. To appoint us to Act on your behalf call us now on 020 7096 0509.

What if we disagree to our neighbours proposed works?
If you dissent to the works (i.e. disagree), you have right to appoint your own Surveyor to act on your behalf, OR agree to the Building Owners Surveyor to act as an Agreed Surveyor for both you and your neighbour. In our experience, if the neighbour dissents, he/she nearly always instructs his own Surveyor (Adjoining Owners Surveyor).

Who pays the Surveyor's Fees?
All Surveyors' fees and expenses for work are normally paid by the Building Owner. An exception to this is for example where an Adjoining Owner has an interest in the work. This is outlined in Section 11 (1) of the Party Wall etc. Act 1996.

When do we appoint a surveyor?
You may appoint a Surveyor once you have received the relevant Party Wall notice from your neighbour (the Building Owner). Normally (You) the Adjoining Owner will forward the forms onto your appointed Surveyor, who will firstly request a signed letter of appointment from you and then reply on your behalf by sending back the Acknowledgement to Party Wall notice form, along with a copy of his appointment form to the Building Owner and or Building Owner's Surveyor. The term 'surveyor' is a little misleading, since the Act does not actually require persons appointed to have a professional qualification, but that is highly recommended. Once appointed, the surveyors can determine any compensation which may be due, and any other matters which need to be settled, subject only to a right of appeal to the County Court.

020 7096 0509