Party Wall/ROL

Question 1

What is the name of the piece of legislation governing party walls?

Answer 1

The Party Wall Act 1996

Question 2

What is the purpose of the Part Wall Act?

Answer 2

The general principal of the Act is to enable a building owner to undertake certain specific works on, or adjacent to, adjoining properties while giving protections to potentially effected neighbours. It aims to prevent and resolve any disputes which may arise.

Question 3

What areas or properties are excluded from the act?

Answer 3

The Act applies to all of England and Wales but excludes Crown properties and Inns of the Court in London.

Question 4

What are the two types of party wall? Please draw sketches to illustrate these.

Answer 4

Type A – ‘A wall standing on the land of two owners to a greater extent than simply projecting foundations’

Type B – ‘The part of a wall standing on the land of one owner that separates the buildings of the two owners’

Question 5

What are the different types of party wall surveyor?

Answer 5

Agreed surveyor: appointed as a single surveyor to resolve the dispute

Appointed surveyor: appointed separately by each party to resolve the dispute

Third surveyor: where there are two appointed surveyors, they will select a third surveyor as a quasi-arbitrator to form a ‘practical tribunal’.

Question 6

What is the primary role of the appointed surveyor?

Answer 6

To balance the interests of the two appointing parties and they should not frustrate the statutory process. They are also required to ensure that the building owner is able to exercise their rights under the Act, but in such a way that only necessary inconvenience is caused to adjoining occupiers.

Question 7

What is a party structure?

Answer 7

Can be a party wall, a floor or a partition separating different parts of a building, each with separate staircases or entrances.

Question 8

What is a party fence wall?

Answer 8

A free-standing wall that is not part of a building. The wall and not just the foundation stands astride a boundary.

Question 9

What is a boundary wall?

Answer 9

A free-standing wall, not being part of any building standing wholly on the land of the owner at, but not astride, the boundary.

Question 10

What is an external wall?

Answer 10

A wall that forms part of a building standing wholly on the land of one owner at, but not astride, a boundary.

Question 11

What are the names for the owners involved?

Answer 11

The person (or company) who wishes to initiate any work on either side of a wall is described as the building owner. The owner on the other side if an adjoining owner

Question 12

In what three distinct situations does the act regulate construction operations? (notices)

Answer 12

Line of junction works

Works to party walls and other boundary structures

Adjacent excavation works

Question 13

What are line of junctions works?

Answer 13

Occurs where nothing is built on a boundary line (line of junction) or where the only structure built is a free-standing boundary wall that does not straddle the boundary line.

In such situations, a building owner is required to serve a line of junction notice, where the construction of the following structures along the line of junction is being proposed: a party wall, party fence wall or boundary or external wall.

Question 14

What are adjacent excavation works?

Answer 14

A building owner is required to serve a notice of adjacent excavation and construction on the relevant adjoining owner(s). The building owner then has a right to undertake certain work on the adjoining owner’s land ‘to underpin or otherwise strengthen or safeguard’ the foundations of adjacent buildings or structures.

Question 15

Under sections 6 of The Act when must an adjoining owner serve a notice of adjacent excavation?

Answer 15

Under section 6(1), excavations within 3m of a building or structure to a lower level than the bottom of the foundations of such building or structure.

under section 6(2), excavations within 6m of a building or structure that will cut a line drawn downwards at 45 degrees from the bottom of the existing foundation from a point in line with the outside face of the building or structure

Question 16

What is a Rights of Light?

Answer 16

An easement that gives a landowner the right to receive light through defined apertures in buildings on his or her land.

Question 17

What is required for an easement to exist?

Answer 17

Requirement for light to have been enjoyed for a period of 20 years in order for a right to light to be acquired.

Question 18

What constitutes a loss of light?

Answer 18

Rights of light practitioners have traditionally adopted the principle that a room within a property that benefits from a right to light will have an adequate level of daylight if the sky factor exceeds 0.2% over more than 50% of the room area at a working plane height of 838mm above floor level.

Question 19

What is considered to be adequate light?

Answer 19

For historical reasons, an ‘adequate’ level of light has been taken to be a candle 1 foot away, or approximately 10 Lux.

An injury may be considered to have occurred where the percentage is reduced to less than 50%. Where more than 50% of the room still receives adequate light however, an injury may not be considered to have occurred, irrespective of the amount of light that has been lost.

Question 20

What are the remedies for rights of light?

Answer 20

The most likely remedy for a loss of a right to light is an injunction with no damages.

The dominant property can hold up a development for a very long time, so negotiation generally takes place and a deal is done to reach a financial settlement or the design is changed to step back any light obstructing structures.

Question 21

What cover does can be provided to mitigate the risk associated with ROL?

Answer 21

Rights of Light Insurance provides protection against financial losses that might arise in the event of enforcement or attempted enforcement of a possible breach of a right to light.

Rights of light insurance provides cover against:

• Potential costs and compensation claims
• Abortive and additional costs of works
• Diminution in value

Question 22

What is unnecessary inconvenience as defined by the act?

Answer 22

This is achieved by the surveyors defining in an award, the detail of the work that may be lawfully carried out under the Act and undertaking reasonable inspections of work to which an award relates.

Question 23

What are the timescales for notices under the act?

Answer 23

Building owner to serve notice. Adjoining owner has 14 days to respond to the notice. If no response in 14 days of service of the notice then there is a deemed disputed. The building owners surveyor can then serve a request on the adjoining owner to appoint a surveyor within 10 days. If no response within 10 days then the building owners surveyor can appoint a surveyor on their behalf.

Question 24

What are the requirements for a valid notice?

Answer 24

All notices must:

• be in writing
• give the name and address of the building owner
• be dated
• properly served on all adjoining owners
• state the nature and particulars of the works and the intended date for commencement
• where served under section 3 or 6 be accompanied by plans and sections.

Question 25

How can the adjoining owner respond to a notice?

Answer 25

Do Nothing

Consent to the works as proposed

Dissent from the works as proposed

Question 26

What are the surveyors duties under the act?

Answer 26

If appointed, then appoint a third surveyor.

Owe a duty of care to appointing owner but must perform all obligations diligently and impartially.

Should not follow owner instructions where they would frustrate the act.

Question 27

What is the purpose of the Rights of Light Act?

Answer 27

To protect access to light through the openings of existing properties when new or proposed structures may obstruct or reduce the amount of light received through that opening.

Question 28

What is daylight and sunlight?

Answer 28

A planning issue. The daylight and sunlight envelope will be prepared to allow, usually, a 20 per cent reduction in vertical sky component (VSC) and probable sunlight hours to the surrounding sensitive receptors. Mostly these are residential properties but some planning authorities also extend the protection to educational, hotel and hostel, and even some commercial properties.

Question 29

What is the difference between daylight and sunlight and ROL?

Answer 29

ROL is a legal issue and is measured using Sky Factor.

Daylight and Sunlight is a planning issue and is measured using Vertical Sky Component.