If you have a dispute with your neighbour regarding a party wall, for example, over new building works impacting a shared boundary or structure, it can become complex and stressful to resolve. The Party Wall Act 1996 provides a clear framework for preventing or resolving disputes of this nature, designed to protect the rights of both parties:
“The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.
Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Act applies even to Crown, government and local authority owned property.” – Source, The Party Wall etc Act 1996: explanatory booklet.
In this blog, our property and neighbour disputes team answers some frequently asked questions regarding party walls, how disputes may arise, and the importance of understanding your rights under the Party Wall Act 1996.
What Is the Party Wall Act 1996?
The Party Wall Act 1996 is legislation that applies in England and Wales, designed to help neighbours to protect themselves against or resolve disputes related to structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate buildings. Under the rules set out in the Act, a Building Owner must notify neighbours – known in the Act as ‘Adjoining Owners’ – about any work they intend to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property.
Compliance with the Act is mandatory, and failing to follow its provisions, or commencing work without agreement, can result in legal action, including injunctions or claims for damages.
How Does A Party Wall Dispute Arise?
A party wall dispute can arise for various reasons. Typically, it will be when an adjoining owner does not consent within 14 days of service of a Section 1, Section 3 or Section 6 Notice.
Works covered by the Act include:
- building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act)
- work on an existing party wall or party structure or building against such a party wall or party structure (section 2 of the Act)
- excavating near a neighbouring building (section 6 of the Act)
If you intend to carry out any work that falls within the Act, you must notify all Adjoining Owners, who can either consent to the work, propose amendments or object to the proposed changes to a party wall. If you cannot reach an agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an “Agreed Surveyor” to draw up an “Award”. The surveyor must be a person agreed between the owners to act.
Disputes may also arise where work has commenced without the correct procedures being followed under the Act. Under these circumstances, an Adjoining Owner could seek an injunction against the other party, based on damage and trespass under common law.
How Can You Serve a Party Wall Notice?
Serving a party wall notice involves providing written notice to all adjoining owners who may be affected by your proposed works. There are guidance notes available on what should be included via Government resources. The notice should detail the nature of the work, how it will be carried out, and when it is scheduled to start. Adjoining owners then have 14 days to respond. If they do not consent, a dispute is considered to have arisen, and a surveyor may need to be appointed.
Buying a Property That Has a Party Wall Agreement
If you are purchasing a property that already has a party wall agreement in place, it is essential to review the terms carefully. Your conveyancer assisting you with your property purchase will be able to assist you in making the appropriate enquiries with the seller or the seller’s appointed solicitor. The agreement will outline the rights and responsibilities of both parties, and you may need to adhere to any ongoing obligations regarding maintenance or repairs. Your conveyancer will also be able to advise you on what happens where any rights are accrued under the Party Wall Act 1996.
Is there a Difference Between a Party Wall and a Boundary Wall?
A party wall is a wall or structure shared by two or more properties, often forming part of the structure of both buildings. In contrast, a boundary wall marks the dividing line between two properties but may not be structurally connected to the buildings on either side. These may include boundary walls (a fence wall/garden wall built wholly on one owner’s land) and external walls (the wall of a building built up to but not astride the boundary).
An Adjoining Owner is anyone who is an owner of land, buildings or rooms adjoining those of the building owner, which may include the local authority.
How Rose & Rose HPLP Can Help
Party wall disputes can be particularly challenging, and it is essential to enlist the correct professionals to assist you when serving a party wall notice or objecting to an application.
At Rose & Rose HPLP, our property and neighbour disputes team has extensive experience advising clients on all aspects of party wall disputes. Our skilled property solicitors can help property owners obtain and defend injunctions to prevent unauthorised works and can provide specialist guidance on compensation claims and disputed Party Wall Awards.
To speak to one of our dispute resolution solicitors about a boundary or party wall dispute, please contact us contact a member of our team below or email info@roselegal.co.uk for more information.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
