Party Wall Etc. Act 1996

 

We settle disputes for building owners and for adjoining owners

 

Which party are you in this matter?

If you intend to carry out work to which any provisions stated in section 1, section 2 or section 6 apply or are likely to apply, the you are the "building owner" within the meaning of the Act and must give notice to any adjoining owners affected or likely to be affected by your intentions.  Failure to give notice prior to commencing the work places you at risk of an injunction requiring you to stop the work until the dispute is resolved under the provisions of section 10.

 

If you are adjacent to land on which work is proposed to be undertaken that is covered by section 1, section 2 or section 6, then you are an "adjoining owner".  You do not have to wait to receive a notice from the building owner to make an appointment of a surveyor but you may be liable for some or all of his fees if it later can be shown that the Act does not apply.   If the building owner commences work to which the Act does apply and has not given you appropriate prior notice then you may apply for an injunction to stop the work until such time as the dispute is resolved under the provisions of section 10.

 

The Party Wall Etc. Act 1996 cannot be used to prevent work that is permitted under current planning legislation, but the Act will apply to its execution in general insofar as it affects adjoining owners and adjoining occupiers.

General notes about the Act and its requirements on the owners

A building owner must give notice to any adjoining owners if he intends to carry out work that is covered by

 

  • section 1 (Construction of a new wall at or astride the boundary)
  • section 2 (Repair, alteration, adaptation or adjustment to a party structure belonging to two or more owners)
  • section 6 (Excavations within prescribed distances and depths from an adjacent structure belonging to another owner)
  • section 8 (Rights of entry)

 

An adjoining owner is not obliged to respond to any of the above notices.

 

If, within fourteen days of service, an adjoining owner gives consent in writing to a notice served under section 1, subsection 2, then the building owner may construct a new wall as a party wall astride boundary one month from the date of service of the originating notice, or sooner by written consent.

 

If, within fourteen days of service, an adjoining owner gives consent in writing to a notice served under section 3 for works covered by section 2, then the building owner may commence the work two months from the date of service of the originating notice, or sooner by written consent.

 

If, within fourteen days of service, an adjoining owner gives consent in writing to a notice served under section 6, then the building owner may commence the work one month from the date of service of the originating notice, or sooner by written consent.

 

For any notice served under section 3 or section 6 that is not responded to within fourteen days of service, a dispute is deemed to have arisen.  Both parties must then appoint a surveyor, either by concurring on the appointment of one surveyor, the Agreed Surveyor, or each appointing a surveyor of their choice whereupon the two Appointed Surveyors select a Third Surveyor.  The appointments and selection must be in writing and the parties informed of the duty holders.

 

An adjoining owner may consent to work stated in a notice but this does not restrict his right to any subsequent dispute regarding any other matter arising during the works such as -

 

  • exceeding the authority of rights claimed in any notice
  • breaching the general provisions for work as set out in section 7
  • contribution towards costs by either party
  • any other matter arising from or incidental to the works

 

All disputes are handled in the same way by the Agreed or Appointed Surveyors and not directly by the parties in dispute.

I am the Building Owner

Request for a written fee proposal for

appointment of a surveyor

 

 

I am an Adjoining Owner