There has been a significant increase in property disputes related to party walls and structures. In this article, we outline the most common questions we are asked regarding party wall disputes.
Q. Can the Party Wall Act be used to resolve a boundary dispute?
A. No. Boundary disputes can be resolved through the courts or tribunals or alternative dispute resolution procedures, such as mediation, expert determination, or arbitration.
Q. Does the Act change who owns the party wall?
A. No. The Act does not change the ownership of any wall or the position of any boundary. Boundaries can still run through the centre of a wall so that each owner may technically own half of a wall. However, it may help in understanding the principles of the Act if owners consider themselves joint owners of the whole of a party wall rather than the sole owner of half (or part) of it.
The Act sets out what rights an owner has in relation to works to a party wall and what he is obliged to do before he can exercise those rights.
Q. Can I build a new Party Wall astride a boundary?
A. Only if the adjoining owner agrees. If not, you must build within the boundary of and wholly on your own land.
Q. Does the Act supersede other legal rights, including common law rights?
A. Common Law rights are restricted by this Act only to the extent that the Act would take precedence on any matter for which it makes provision and only when the correct notices have been given and the procedures correctly followed.
Any other rights, easements or covenants are not affected.
Q. Who serves the notice, and how much notice should be given?
A. The building owner who wants to start work must give adjoining owners notice of their intentions. Generally, the notice should be given at least two months before the work is due to start or one month for new party walls or structures and any excavation.
Q. Can I serve notice or other documents by email?
A. Notices and other documents required under the Act may be served by delivering them in person, sending them by post, or sending them by email if the recipient has agreed to receive them by email, has not withdrawn that statement and has provided an email address to send the documents to.
Q. Does the building owner have to wait for the full period (one or two months) after serving notice before starting work?
A. Yes, unless the adjoining owner agrees, in writing.
Q. What happens if a building owner does not serve a notice?
A. If the requirements of the Act are not followed it is a civil matter for the parties to resolve. Where work has begun without notice being given, the adjoining owner can seek to stop the work through a court injunction.
Q. What if an adjoining owner ignores the notice?
A. For proposed work under section 2 (existing party walls and structures) and section 6 (excavation and construction), if the adjoining owner does not respond after 14 days of being served with notice, it is considered that a dispute has arisen.
For proposed work under section 1 (new building on line of junction) if the adjoining owner does not respond after 14 days of being served with notice, the building owner may only build the new wall at his own expense and as an external wall wholly within his own land.
Q. What happens if a dispute arises?
A. Both owners need to agree on an 'agreed surveyor' to produce an 'award'. Alternatively, each owner can appoint a surveyor to draw up an award together. A third surveyor is then selected, in case the two appointed surveyors cannot agree. The surveyors appointed and selected must consider the interests and rights of both owners, in making the award.
Q. What happens if I do not agree with what my appointed surveyor is doing?
A. You cannot rescind their appointment, but you can approach the third surveyor to resolve the matter. If, however, you have chosen to have just one surveyor appointed as an 'agreed surveyor', then there is no third surveyor to call upon. You should take care in selecting a surveyor and, more particularly, whether you just want one 'agreed surveyor'.
Q. If there is no dispute does a surveyor need to be appointed?
A. No.
Q. If I sell my house, do I have to inform the purchaser that there has been a notice and/or dispute under the Act?
The property information forms, which are completed by the seller as part of the conveyancing process, may include questions on the Act including whether there has been a dispute. These questions must be answered honestly.
Q. What can I do if I am not happy with the conduct of a party wall surveyor?
Concerns about a surveyor's conduct can be raised with the Citizens Advice consumer service and/or the trading standards body for the area concerned.
If the surveyor is a member of a professional body, such as the Royal Institute of Chartered Surveyors (RICS), the relevant professional body can also be contacted to find out about its complaints procedures. If the surveyor is from a firm that has joined the Ombudsman Services, a complaint may be raised with them.
These remedies are only appropriate where you wish to dispute the way a surveyor(s) has carried out his task, not where you are simply unhappy about the conclusions reached.
Q. What is a Party Wall Award?
A. It is a legal document that sets out the works to be carried out and how they are to be carried out. The surveyor(s) will decide who pays the costs in producing the award and for any necessary checking that the work has been carried out in accordance with the award.
Q. Can I use the Act to resolve my concerns over the work being carried out by my neighbour?
A. The Act contains no enforcement procedures. You should raise your concerns with the owner of the neighbouring property first. Where surveyor(s) have prepared an award, they will endeavour to ensure your concerns are addressed in the way in which the work is carried out. If you cannot resolve the issues, you may be able to seek redress through the civil courts.
If either of the parties wishes to dispute the award, they may appeal to the county court against the award within 14 days, beginning with the day on which the award is served on them.
Q. I have planning permission and building regulations approval - do I still have to go through the procedures in the Act?
A. Yes. The Act is separate from any planning or building control. Even if a building owner has planning permission and building regulations approval, they should still go through the procedures of the Act with the adjoining owners.
Conversely, not all work covered by the Act will require planning permission, or building regulations approval.
Q. Why didn't the local authority tell me about the Party Wall Act?
A. Many local authorities inform those seeking planning permission or building regulations approval of the Party Wall Act as a matter of good practice, but there is no requirement for them to do so.
Q. What can be done if my neighbour's work causes damage to my property but the work is not covered by the Act?
A. At common law, an owner has the right not to have his property damaged or interfered with by someone else. If damage or interference has occurred as a result of work on the neighbouring property, the owner has the right to put the property back into its former condition. If a building owner does not put right any damage caused, the adjoining owner has the option of taking legal action to enforce their rights. The adjoining owner would need to be able to prove that they have suffered damage or loss.
