FAQ's
Thank you for visiting our FAQ's section. We have provided answers to our top 3. If you have any further inquiries, please feel free to reach out to us.
01
What is a party wall and how do I know if my property has one?
A party wall is a wall that stands on the boundary between two properties and is shared by the owners of those properties. It can be part of a building (such as a wall that separates two terraced houses or semi-detached houses), or it can be a garden wall that divides the properties. The term can also apply to floors and ceilings separating different units within a building, like in an apartment building.
02
What types of works require a party wall agreement?
Under the Party Wall etc. Act 1996, certain types of works on or near a party wall or boundary line require a party wall agreement. These works generally fall into three categories:
Works to an Existing Party Wall or Party Structure:
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Cutting into the wall to insert beams or remove chimney breasts.
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Increasing the height or thickness of the wall or raising a party wall to extend the structure.
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Demolishing and rebuilding the wall as part of renovation or extension projects.
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Repairing the wall if it requires significant structural work.
Building a New Wall on the Boundary Line:
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Constructing a new wall directly on or astride the boundary line between two properties, such as in the case of a garden wall.
Excavation Work Near a Neighboring Property:
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Excavating within 3 meters of a neighboring building or structure, if the work will go deeper than the neighbor’s foundations.
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Excavating within 6 meters of a neighboring building or structure, if the work will intersect with a line drawn downwards at a 45-degree angle from the bottom of the neighbor's foundations.
If you plan to undertake any of these works, you must notify your neighbor(s) and obtain a party wall agreement. The notification should be served at least two months before work begins for building works on a party wall or one month for excavation work.
Failure to obtain a party wall agreement when required can result in legal disputes and potential delays to your project. It is advisable to consult with a party wall surveyor to ensure all legal requirements are met and to facilitate the process.
03
What are the steps involved in obtaining a party wall agreement?
Obtaining a party wall agreement involves several steps to ensure compliance with the Party Wall etc. Act 1996. Here are the steps typically involved:
Determine the Need for an Agreement:
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Assess if the planned work falls under the categories that require a party wall agreement, such as work on a party wall, construction on the boundary, or excavation near a neighboring property.
Serve Notice to Neighbors:
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Serve a written notice to your neighbors at least two months before starting work on a party wall or one month before starting excavation work.
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The notice should detail the planned work, proposed start date, and include contact information.
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Neighbors have 14 days to respond to the notice.
Neighbor’s Response:
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Consent: If your neighbor consents to the work, you have a written agreement and can proceed.
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Dissent: If your neighbor dissents or does not respond within 14 days, a dispute is considered to have arisen, and you will need to appoint surveyors to prepare a party wall award.
Appoint Surveyors:
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Each party can appoint their own surveyor, or both parties can agree to appoint a single “agreed surveyor.”
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If two surveyors are appointed, they will select a third surveyor to resolve disputes that the first two cannot agree on.
Surveyor’s Inspection and Report:
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The surveyor(s) will inspect the properties and prepare a schedule of condition, documenting the state of the adjoining property before work begins.
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The surveyor(s) will then draft a party wall award (agreement) outlining the rights and responsibilities of both parties, the scope of work, and measures to protect the adjoining property.
Party Wall Award (Agreement):
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The award will include details such as the nature of the work, working hours, and any necessary protective measures.
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It will also include a resolution mechanism for any disputes and a schedule of condition.
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Once the award is agreed upon and signed by the surveyor(s), it becomes a legally binding document.
Commence Work:
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Once the party wall award is in place, you can proceed with the construction work according to the agreed terms.
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Ensure you comply with all conditions set out in the award to avoid any legal issues.
Completion and Final Inspection:
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After the work is completed, the surveyor(s) may conduct a final inspection to ensure no damage has occurred to the adjoining property.
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Any damage caused by the works must be repaired at the expense of the party undertaking the work.
By following these steps, you can obtain a party wall agreement and proceed with your construction work while maintaining good relations with your neighbors and complying with legal requirements.