The Party Wall Act was put in place to protect you and your neighbours when carrying out building works on your property.
The Act applies to the following building works:
A new wall, new building or new extension on, beside or astride the boundary line between properties. Party Wall Explanatory Booklet Section 22
Work to an existing party wall or party structure (eg. separating floors of apartments or maisonettes) This may include for example - any structural alteration to a party wall like cutting into a party wall to take a new beam; making a party wall taller, shorter or deeper; removing chimney breasts from a party wall; knocking down or rebuilding part of a party wall. It also includes repair work, inserting a damp proof course, underpinning to prevent settlement. Party Wall Explanatory Booklet Section 4
Excavation near to and below the foundation level of neighbouring buildings (within 3m or 6m of a neighbouring building / structure depending on the depth of the hole or proposed foundations). Party Wall Explanatory Booklet Section 28
The Act also cover rights to access a neighbouring property with 14days notice and in the event of an emergency Party Wall Explanatory Booklet Section 20
For extensions & home improvements, the process essentially involves:
Informing your neighbours of the work you intend to carry out in writing, via a Party Wall Notice (which can be a letter you write yourself, or you can instruct an independent Party Wall surveyor).
Your neighbour agreeing to the Party Wall Notice in writing within 14days*
It can also be helpful to take a photographic record of both properties prior to starting building works (particularly adjoining walls, roofs, floors and ceilings)
If your neighbours object or does not consent:
Hopefully you can discuss their concerns and your plans in more detail to agree a solution.
If not, you will need to appoint Party Wall Surveyors to prepare a Party Wall Award which will cover:
The work that can be carried out
How the works will proceed
Timings
Measures for preventing damage
The payment of surveyors’ fees
The current condition of both properties
Costs payable to the adjoining owner if damage occurs.
*For extensions and home improvement works, most neighbours will recognise that the Party Wall Act is in place to facilitate the listed works while protecting them by ensuring notice is given in advance, and that in the unlikely case of any damage being caused to their property as a result of your building works, you will be responsible for the cost of any repair works required as a result. [NB. Costs for essential repair or maintenance of a party wall / structure would usually be shared between adjoining owners according to the given situation.]
It is always best to have a friendly discussion about works and any access needed with your adjoining neighbours prior to serving a Party Wall Notice. While some people choose to deal with neighbours informally and only verbally agree things, as part of their due diligence your Architect will advise that under the Party Wall Act, it is your responsibility to give notice in writing [Party Wall Explanatory Booklet Section 5, 8 & 28].
Please see Section 8 for further detail but your notice should include the following details:
Date of notice and a clear statement that it is a notice under the provisions of the Act
Your own name and address (joint owners must all be named, e.g. Mr A & Mrs B Owner)
The address of the building to be worked on (this may be different from your main or current address)
A full description of what you propose to do and if you need to access their property to carry out the works (It may be helpful to include plans, and you must do so in respect of excavation works, but you must still describe the works)
When you propose to start (which must not be before the relevant notice period has elapsed).
For excavations, the notice must state whether you propose to strengthen or safeguard the foundations of the building or structure belonging to the Adjoining Owner (as per SE design & calcs). Plans and sections showing the location and depth of the proposed excavation or foundation and the location of any proposed building or structure must also accompany the notice. [Section 28 / Example Letter 8]
Typically, clients deal with Party Wall Notices after Planning but please note that you will need to provide at least two months* notice prior to commencing works on a party wall / structure (*One month for new party walls or structures at boundaries, or for any excavation) and your notice is only valid for a year under the Act.
The above is provided as a brief, hopefully helpful, introduction to the Party Wall Act. For full and further information, inc. template letters, you can visit the government’s Party Wall information page where you can also find their Party Wall Explanatory Booklet. Here are a couple of other useful links - To a basic flow chart to see if the Party Wal Act applies to you; to a helpful article by Homebuilding & Renovating, and to help you find a RICS accredited surveyor in your area.
[Subject to meeting the requirements of the Act, a building owner is legally entitled to undertake the listed works, with the exception of building astride a boundary, which requires express written consent from both parties.]