Party walls separate buildings belonging to different owners. The Party Wall Act 1996 aims to minimise any disputes by obliging owners to use a surveyor to determine the time and way in which work is carried out. Local authorities have no role in party wall matters or disputes.

 

If you intend to complete works to a party wall, you must give written notice in the correct form to the adjoining owner. Should they not respond to your notice you can start work after the notice period has expired. 

 

If there is a dispute, the Act provides for both parties to appoint a surveyor. The surveyor has a duty to act impartially and once chosen cannot be changed. They will draw up a Party Wall Agreement/ Award. There is a 14 day right of appeal if either owner believes the award was improperly decided. 

 

Before giving your neighbour written notice, it may be worthwhile talking to them. If you can resolve problems in advance, you are more likely to receive agreement. Should you receive consent from your neighbour it is advisable to have a ‘schedule of condition’ drawn up. This evaluates the state of the adjoining property where the works are to take place, which will make it easier to attribute blame if any damage is caused later.

 

The Act contains no enforcement procedures, but starting work without serving a notice could mean your neighbour obtaining a court injunction, which will be costly to you. An adjoining owner cannot stop you from carrying out works to a party wall, but they may be able to influence how and when work is undertaken.

This article is written by Fiona Lumsden.  Fiona is a Trainee Solicitor of Lester Dominic Solicitors.