Party Wall Guide
What’s included in a Party Wall Award?
What is a Party Wall?
What is the Party Wall Act?
The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes in relation to work to party walls, boundary walls and excavations near neighbouring buildings.
A Building Owner proposing to start work covered by the Act must give notice to ‘Adjoining Owners’ of their intentions in the way set out in the Act. Failure to serve notice may result in an injunction to stop works on site.
Building Owner - Property Undertaking The Works
Adjoining Owner(s) - Property adjoining / nearby construction works.
This act provides a framework for preventing and resolving disputes in relation to building owner works
What does the Act do?
Enables ‘building owners’ to carry out works subject to conditions and following a legal process
Gives a framework for preventing & resolving disputes to enable the ‘building owner’ to undertake the works even if the ‘adjoining owner’ objects
Enables ‘adjoining owners’ to challenge works and ensure they are undertaken in a proper way with correct design works sequences and insurances
Legally Protects both owners should damages arise out of the works
Section 1 - New Walls
A New wall constructed up to the line of the junction for the purpose of a new rear extension
Section 2 - Inserting Beams
Section 6-1 - Excavations
Section 6-2 - Excavations
‘Building Owner’ must inform ‘Adjoining Owner(s)’ in writing (Archway serve party wall notices)
Injunction can be issued by Adjoining Owners if not notified
Work must not cause ‘unnecessary inconvenience’ (Archway agree reasonable working practices as part of the awards
Schedule of Condition = Protection
The schedule of condition records the condition of the neighbours property before the works start. This provides protection to both parties if damage occurs due to the works. The schedule of condition can be referenced to assess what is new and what is old and allow surveyors to determine any costs that should be awarded.
Undertaken before works start
Highlight defects prior to work commencing
Record of fact
Surveryor’s Role During The Works
Surveyors can make inspection visits during the works
Authority to stop work if not in line with the award, or appropriate notices not served
Arrange access to neighbouring land if required to undertake the works
Administer changes to design during the build
Deal with any damage claims which may arise & award costs for the remediation of damages