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Marshalls Chartered Surveyors |
Party Walls |
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WHAT IS A PARTY WALL? If you live in a semi-detached or terrace house you share a wall (or walls) with your neighbour – that is known as the party wall. It separates 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 belongs to the person on whose land it stands.
You must get your neighbour’s agreement before you can start any building work such as:
In some cases, excavating or constructing foundations for a new building within three or six metres of neighbouring properties will also need written agreement.
THE PARTY WALL etc ACT Since the Party Wall etc Act 1996 came into force, homeowners in England and Wales have had a procedure to follow when building work involves a party wall or party fence wall. The Act is designed to minimise disputes by making sure property owners use a surveyor to determine the time and way in which work is carried out. You can use an ‘agreed surveyor’ to act for both property owners should problems arise. The Act allows you to carry out work on – or next to – a shared wall. At the same time protecting the interests of anyone else who might be affected by that work.
WHAT DOESN’T THE ACT COVER?
WHAT IS COVERED BY THE ACT? There are some things that you can only do to a party wall with the written agreement of the adjoining owner including:
WHAT DO I DO NEXT? If you intend to do any of these things, you must give written notice to your neighbours at least two months before starting any part wall works. Or one month for ‘line of junction’ or excavation works. If a tenant or leaseholder is in the building next door, you will need to tell the landlord, as well as the person living in the property, that you want to carry out building work to the party wall. Where there is more than one owner of the property or more than one adjoining property, you must let them know too. Don’t forget to give written notice to the owners and occupiers living either 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 sort out any potential problems in advance, they should give you written agreement in response to your notice, which they must do within 14 days.
WHAT IF THERE’S A DISPUTE? The solution the Act provides is for both parties to each 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 will 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 this is in dispute. Generally, the building owner who started the work pays for all expenses.
HOW RICS CAN HELP YOU As the world’s largest professional body for chartered surveyors, RICS (Royal Institution of Chartered Surveyors) offers clear, impartial, expert advice on the issues raised in this leaflet. Chartered building surveyors cover all aspects of property: from conserving and restoring historic buildings; residential and commercial; industrial and retail to planning home extensions, homebuyer surveys and valuations, dilapidations, right to light and energy efficiency. To find a chartered surveyor in your area call the RICS Contact Centre on 0870 333 1600 or visit www.rics.org/public.
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