Party Wall Surveyor Bhamra Associates

A party fence wall is a wall standing on the land of different owners and is used as a boundary, but does not form part of a building. If you have a party fence wall, you can add to it, raise it or enclose it, but you can’t demolish it without the consent of your neighbour.

The Party Wall etc Act 1996 provides owners of buildings with certain rights and obligations to other owners in relation to party walls and similar structures. It provides a framework for a disciplined approach to exercising these rights. The Act lays down strict procedures for the resolution of disputes between neighbours by making sure property owners notify their neighbours in advance of certain proposed works.

Its aim is to allow owners to carry out specific works while at the same time protecting the interests of anyone else who might be affected by the works.

The Party Wall Act etc 1996 applies to:
• Work that is going to be carried out directly to an existing party wall or structure. Common examples are: cutting into a wall for a loft conversion; demolishing or rebuilding the party wall; underpinning the whole thickness of a party wall; inserting a damp proof course.

• A new building at or straddling the boundary line between properties, such as an extension.

• Excavation close to an Adjoining Owner’s building.

The Act is called the Party Wall etc Act 1996, because it covers anything that could impact on the neighbouring building or structure. A ‘structure’ must have a foundation for it to be relevant structure in the Act. Therefore, this would not include a timber fence or shed unless it had a concrete base forming the foundation for the shed.

If you own the freehold or leasehold of a commercial, residential or industrial property for more than a year, then according to the Act, you are a ‘Building Owner’. The ‘Building Owner’ could be a physical person or a legal person such as a company.

In most cases, an Adjoining Owner means your neighbour, but it’s not always that simple. It could also include:

• Someone who receives the whole or part of the rent i.e. a management company for a flat

• Someone who is in possession of land i.e. a tenant, licensees or lodgers

You must tell all Adjoining Owners of any party wall work otherwise they might apply for an injunction stopping the works and issue a claim for damages for work already done.

Before you do any work, you must give all Adjoining Owners notice. If you don’t, they could take legal action against you. We always recommend talking to your neighbours before you give written notice, as this allows you to sort out any potential problems or concerns.

A party wall surveyor’s sole purpose is to help sort out any party wall problems in a fair and practical way. They will draw up a Party Wall Award, a legally binding statutory determination, that resolves any disputes and sets out the owners’ rights and responsibilities in relation to how the work should proceed.

A party wall surveyor has a duty of care to both parties, so will remain impartial regardless of which party is responsible for their fees. Their role is not to provide design advice or make recommendations, but they may highlight legal implications associated with certain design proposals and may determine the manner of executing the works.

The term “surveyor” is defined in the Party Wall etc. Act 1996 as any person who is not party to the works. This means the owner cannot act for themselves. Anyone else can take on the role, including whoever is overseeing the works, but they should have a good knowledge of construction, be well versed in party wall procedures and ideally have a relevant qualification.

This is a legal document, produced by party wall surveyors to protect both the Building Owner and the Adjoining Owner and will normally include:

1. The award itself i.e. a set of guidelines governing how the proposed works should progress

2. A “schedule of condition” of the adjoining property, often supported by a set of photographs

3. Drawing(s) showing the details of the proposed works

Other items that could be covered by a Party Wall Award are:

• Brief details of the proposed works
• Working hours; normally 8am to 5.30pm weekdays only of residential work
• Assurances regarding the contractor’s public liability insurance
• Indemnities by the building owner in favour of the adjoining owner
• Access arrangement for the surveyors
• A time limit for commencement of the works, usually 12 months
• The adjoining owner’s surveyor’s fee

Depending on the notices served and the complexity of the job, it can take anything from 2 months to over 6 months. Therefore, it is worth considering this when your planning application has been approved.

If you still have any questions about party walls, party wall problems or aren’t sure if your works falls within the Party Wall etc Act 1996, get in touch for a free initial assessment. We are fully regulated by RICS and a member of the Faculty of Party Wall Surveyors, so you can be confident you will be in safe hands.