What every property owner should know
This guidance note tells you about party walls (the walls you share with your neighbours). It aims to give general advice to homeowners and landlords who are unsure of their rights and responsibilities. This note is based on information provided by the RICS.
What is a party wall?
If you live in a semi-detached or terraced building, you share a wall or walls with your neighbour. Such walls are known as party walls. Party walls separate buildings belonging to different owners.
Where a wall separates two different sized buildings, only the part that is used by both properties is considered to be a party wall. The rest of the wall belongs to the person on whose land it stands.
Your neighbours agreement must be gotten before starting any building works such as extensions, damp proofing works, structural alterations and some internal refurbishment.
In many cases, excavation or constructing foundations for a new building within 3 or 6 metres of neighbouring properties also needs written agreement.
The Party Wall etc. Act 1996
Since this Act came into force, homeowners in England and Wales have a procedure to follow when building work involves a party wall or party fence wall.
The Act was drawn up to minimise disputes by making sure property owners use a surveyor to determine the time and way in which work is carried out. An agreed surveyor can be used to act for both property owners should a problem arise.
The Act allows you to work on or near a shared wall. At the same time it protects the interests of anyone else who might be affected by the work.
What does the act not cover?
The Act does not cover everyday minor jobs that do not affect the neighbours half of a party wall including: fixing plugs, fixing wall units or shelving, adding or replacing recessed electrical wiring or sockets and replastering of walls.
What is covered by the act?
There are some things that can only be done to a party wall with the written agreement of adjoining owners including: cutting into such a wall to take the bearing of a beam, e.g. for a loft conversion or to form a through lounge, inserting a damp proof course all the way through a wall, raising the whole party wall, demolishing and rebuilding the party wall, underpinning part or all of a party wall, building a new wall on the line of junction between two properties, excavating foundations within 3 metres of an adjoining structure and lower than its foundations, excavating foundations within 6 metres of an adjoining structure and below a line drawn down at 45 degrees from the bottom of its foundations and protecting adjoining walls by cutting a flashing into an adjoining building.
What to do next?
If you intend to do any of these things, you must give written notice to your neighbours at least 2 months before starting any party wall works. The minimum period of notice for “line of junction” or excavation works is one month.
If there is a tenant or leaseholder in the building next door, you will need to advise both them and their landlord of the proposed works. Do not forget to give written notice to owners and occupiers of properties above or below your property.
If possible talk to your neighbours in detail about the work you want to do before giving them an official written notice. If you can resolve potential problems in advance, you are more likely to receive written agreement in response to your notice. A response should be received within 14 days.
What if there is a dispute?
The Act provides for both parties to appoint a surveyor or “agreed surveyor” who will act impartially. The surveyor will draw up a document called an “award”. This details the work to be carried out, when and how it is to be done and records the condition of the adjoining property before work begins. It may also grant access to both properties so the surveyor can inspect work in progress. The award will determine who pays for the work if there is a dispute. Generally the building owner who is having the work done pays all the expenses.
The Party Wall etc. Act 1996 gives people who have an interest in a party wall or walls rights and responsibilities.
Local Authorities have no role in these matters or in any disputes that arise.
For further information contact the RICS or ABE:
The Royal Institution of Chartered Surveyors,
12 Great George Street,
London SW1P 3AD
Tel 0870 333 1600
Fax 020
7334 3811
Email contactrics@rics.org
Web
www.rics.org
The Association of Building Engineers
Luytens House, Billing Brook
Road, Weston Favell
Northampton, Northamptonshire NN3 8NW
Tel 0845 126 1058
Fax 01604
784220
Email building.engineer@abe.org.uk
Web
www.abe.org.uk
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