Party Wall & Neighbourly Matters Flashcards
(13 cards)
What is the Party Wall Act 1996?
The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes between neighbours over shared walls and excavation near adjacent buildings.
The Party Wall Act enables BOs to undertake certain works while giving protection to potentially affected neighbours.
What is a Party Wall?
The Act recognises two main types of party wall.
Type A - If it stands astride the boundary of land belonging to two (or more) different owners.
Type B - If it stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings.
What is a Party Fence Wall?
A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands.
What must a BO do before starting work on a party wall or party fence wall?
The building owner must serve a notice to the adjoining owner at least one month before the intended start of the building work.
How long does the adjoining owner have to respond to the notice served by the building owner?
The adjoining owner has 14 days to respond to the notice.
What happens if the adjoining owner consents to the building of a party wall or party fence wall?
- The building owner may proceed with the work as planned, without needing to go through the dispute resolution process.
- The consent must be in writing—verbal agreement is not enough for legal purposes.
What happens if the Adjoining Owner does not consent to the party wall works preposed by the Building Owner?
- A dispute is deemed to have arisen between the BO and the AO.
- Both parties must then appoint a surveyor, be it their own or an agreed surveyor.
- The appointed surveyor(s) will resolve the dispute by producing a Party Wall Award which:
Authorises the work to proceed under agreed conditions,
Sets out responsibilities (e.g. for repairs, timing, access),
Addresses protection for the Adjoining Owner’s property.
The Building Owner cannot lawfully begin the works until the Award is in place. Starting without it may expose them to legal action.
How is payment decided for the repair or construction of a party wall?
Payment for the wall relates to beneficial use and not its position.
What happens if work starts without giving notice?
If work starts without giving notice, the adjoining owner can seek a court injunction to stop the work or seek other legal redress.
What does Section 1 of the Party Wall Act 1996 cover?
Section 1 covers the construction of new structures on or at the line of junction between lands of different owners.
When does Section 1 not apply?
Section 1 does not apply if there is an existing building at the line of junction on either the BO’s or AO’s land.
What does Section 2 of the Party Wall Act 1996 cover?
Section 2 covers works to existing party structures, this may include:
Cutting into a party wall or party structure for any purpose.
Demolishing a party structure or part of a party wall.
Raise, modify, or otherwise alter an existing party wall or party fence.
What is section 3 of the Party Wall Award 1996?
Section 3 deals with the requirements for issuing a party structure notice.
Before a BO can exercise any rights conferred by Section 2 of the Act, they must serve a S3 notice on any AO.
