Firstly, without boring you with the detail, let me provide you with a brief background. The Party Wall Act (The Act) as we know it today was effectively born from the London Building Acts (LBA). As you will appreciate London includes a large numbers of properties which are constructed in close proximity to one another, and neighbourly disputes were slowing the construction process. The LBA introduced measures to create it easier for developers and home owners to handle work along boundary lines and reduce the level of disputes by aiming specific obligations on both parties. The LBA was used successfully in London for quite some time until finally in 1996 it had been decided to revamp the act and roll it out nationwide by means of The Party Wall Act 1996.
The Act is far reaching and comes into play more than you would think. But you are not alone unless you know much about it. Many builders I understand either don't know about any of it, or worse ignore it. Professionals aren't immune either.
You're probably interested in this short article because you're about to perform a construction project, or maybe your neighbour is. It might be a little extension or loft conversion, or something on a larger scale. The act doesn't consider size it only works on principal. The initial aspect is needless to say to determine if the act is applicable in the first place. If you are in virtually any doubt it is usually advisable to seek expert advice and in many instances the position isn't black and white. In crude terms however, a celebration wall is really a structure shared by two neighbours which would include boundary walls or fences plus the walls to a building. Perhaps in this regard the title of the act is a little misleading and much more than this, it may also be applicable if you propose to construct a wall or building on land where no wall or physical boundary currently exists.
In today's environment where most properties are in close proximity to one another it is usually the case that the act will become applicable during any construction project which involves digging foundations close to a boundary line. It could also be applicable for loft conversions or building refurbishments where the party wall is not being altered, but support is required from the wall for steel supports or suspended timber floors or ceilings etc. In tandem, it may come into play for work that you'll feel is minor, such as cutting right into a wall to insert a weatherproof detail or flashing.
As you will have deduced the act is far ranging and is more often than not applicable when you perform construction work near to neighbouring buildings / land. My advice is always to consult with a surveyor who has party wall experience for anyone who is unsure. Most surveyors will be ready to give some free advice on the phone and if the project is local to them, you will often find that they will offer you a free visit to assess your particular project in the hope that, if the act is applicable you will appoint them to attempt the role for you. Certainly in my professional experience as a chartered building surveyor I give free advice on a normal basis in the hope that it'll lead to an instruction. There are surveyors who will charge regardless but the key, as always is to agree a scope of service and any fee up front to avoid confusion. You then know where you stand.
When you have deduced that the wall / structure is really a party wall you should determine whether the act is applicable to the work being completed. The Act is approximately 15 pages long and split into 22 sections with various sub-sections. It is not therefore an extended document and many of the sections include interpretations and explanation meaning that the most relevant sections are a lot more condensed. There is however two main sections which apply mostly and the house owner would be advised to understand;
Section 2: Repair etc: of party wall: rights of owner - This section sets out the rights of the owners of a party wall at the mercy of serving the correct notice. Such rights numbered from 2 (2) (a) - (2) (n) include such works as; "to create good, repair, or demolish and rebuild, a party structure or party fence wall" as well as "to cut right into a party structure for just about any purpose (which might be or include the purpose of inserting a damp proof course). The entire list is set out in the act and covers most work, other than very superficial, which could possibly be carried out to a wall. Under most circumstances where any work has been carried out right to a shared wall, it could be expected that the act should come into play, although there are exceptions and you will be advised to take advice.
The second section which is apt to be most applicable is Section 6: Adjacent excavation and construction. Once more the technicalities are set out in the act but can be bewildering. Essentially however, if you propose to excavate within 6 metres of an adjoining party wall / structure (remembering that a party wall may be a garden wall or fence) the act could be applicable, if certain criteria relating to depth of excavation with regards to any party walls are achieved. If you are excavating within 3 metres the act is more than likely applicable.
After you have determined that; a) the wall is really a party wall and b) based on the scope of work or proximity of excavation the terms of the act are applicable, it will be necessary to follow the procedures set down within the act in order to protect your position.
The first procedure would be to serve notice on the adjoining owner to see them of the task being carried out. There is no requirement to appoint a surveyor to serve these notices for you personally and sample templates are available online to download from various sources to be able to do it yourself. But should you choose propose to serve notice yourself, be mindful of the fact that as with all things where may very well not have sufficient knowledge, the repercussions of getting it wrong can have legal ramifications. On this basis it is normally advised that you seek professional assistance. The notices, when served changes depending upon if the work falls under section 2, section 6 or both (you can find other sections but as these are less commonly applicable I've not included commentary in this article), as too could be the amount of time applicable between your notice being served and work commencing. The notice under section 2 will provide two months notice and the notice under section 6 will provide a month following which work can commence given that everything is in order with regards to the act. Once more there are many ramifications associated with adjoining owner dissent, non reaction to notices or sheer bloody mindedness but I'll leave these for a later date, or for the party wall surveyor to help you upon. Or you may find that the adjoining owner just consents to the task in which case you can begin earlier by mutual consent!
Even if the adjoining owner does consent i quickly would advise a schedule of condition be prepared on the wall to make sure that you have a record of any cracks or defects before you begin work. You'd be amazed at just how many times a neighbour spots cracks after work has been carried out, that were actually there before!
If however the adjoining owner dissents to the work and appoints their own surveyor, as they are entitled to do beneath the act, then you may also require a party wall award to document agreed standards and incorporate the schedule of condition. Under these circumstances, unless you really know what you are doing you should get help. It's worth noting however, that when your neighbour does appoint a surveyor then as building owner it's likely you'll be liable for their fees.
The Act is really a fully established act of parliament and as such is law. Ignoring the Act is common place (often through lack of awareness) but technically the perpetrator is then breaking regulations. I could get into detail regarding the implications of deliberately failing to serve notice but if you're a building owner scanning this article then you are clearly already alert to the act and concerned that the process is correctly followed. For anyone who is on the other hand, where a neighbour have not served notice on you, there is recourse but you should seek professional advice. It is also worth noting that ignorance is no defence when it comes to the law.
It is believed that the act is just designed as a money spinner for professional consultants but this couldn't be further from the reality. Yes there is a business built around the act and professionals do charge for his or her services, but there is enough competition to ensure that fees remain reasonable. It is actually an enabling act that ensures that the positions of both parties are protected and much more importantly, ensures that neighbours cannot stop development or repair without sufficient reason. In this regard the act could save fees where there was once a prospect of litigation and dispute.
Despite this, it's quite common for projects to be undertaken satisfactorily without serving notice but this is the risky proposition as shown by the case of Louis v Sadiq 1996. The case revolved around a finish of terrace house in London and shows the implications of the act on standard houses and thus general home owners, not only large scale developments. Mr Sadiq (building owner) completed building work without serving notice beneath the act. This work subsequently caused harm to the neighbouring property and he was forced to make good this damage by the court under the terms of the act. That is standard procedure and even if he previously served the correct notices then he would still have already been responsible for this cost, but more importantly with what we are discussing, the courts awarded additional damages to Mr and Mrs Louis (adjoining owner) since it felt that Mr Sadiq's failure to observe the act negated any great things about defence he might gain from the terms of the act and therefore special damages were allowed. In this case the Louis's were awarded compensation to cover additional costs incurred by way of a failure to sell their residence because of the defects and they were even awarded costs for rising construction costs regarding the their new house abroad. Had Mr Sadiq followed the correct procedures and served the correct notices then these substantial additional costs would not have been incurred. He'd only have been liable for the price of putting right the damage, not the excess costs. This example is by no means common place but does go to shown the potential implications of not following a correct procedures. What seems like a sensible saving on surveyor's fees could turn into a substantial cost for damages. You have been warned!
This brief article is targeted at giving a layman's view of the act for information purposes instead of a full technical assessment. https://westmidlandssurveyor.co.uk/best-party-wall-surveys-west-midlands/ should seek expert advice if undertaking any work to, or in close proximity to neighbouring land or property. It will also be noted that the act doesn't have any bearing on any other legislation, including the requirement for planning permission or building regulation approval etc which are completely separate entities.