Understanding the Party Wall Act and What to Do When It’s Ignored

The Party Wall Act of 1996 is a crucial piece of legislation in the UK designed to prevent and resolve disputes between neighbours over building works that affect shared walls or boundary structures. Despite its importance, many homeowners and property developers are unaware of their obligations under the Act. This blog provides an overview of the Party Wall Act, the steps to take if your neighbour ignores it, and answers to some of the most commonly asked questions about the Act.

What is the Party Wall Act?

The Party Wall Act of 1996 applies to England and Wales and regulates any construction work that might affect the structural integrity or boundary of a property. The Act covers three types of work:

1. New Building on the Boundary Line: Constructing a new wall or building along the boundary line between two properties.

2. Work on an Existing Party Wall: Any alterations, repairs, or modifications to a shared wall.

3. Excavation Near a Neighbour’s Property: Digging for foundations or other substantial work involving digging to depth within close proximity to a neighbouring property.

Objectives of the Party Wall Act

• Preventing Disputes: The Act aims to prevent disputes between neighbours by ensuring proper communication and agreement before any work begins. 
• Ensuring Structural Safety: It helps to maintain the structural integrity of properties by requiring notifiable works are undertaken safely, to a good standard and in accordance with the necessary regulations.
• Protecting Neighbouring Properties: By requiring notifications and agreements, the Act helps protect the interests and properties of all parties involved. 

Steps to Take if Your Neighbour Ignores the Party Wall Act

If your neighbour commences building work without serving the proper notice under the Party Wall Act, there are several steps you can take to address the situation. 

1. Attempt Informal Resolution

• Before escalating the issue, it’s advisable to try and resolve the matter amicably. Discuss your concerns with your neighbour and inform them about their obligations under the Act. Often, neighbours may simply be unaware of the requirements.

2. Contact a Party Wall Surveyor

• By contacting a Surveyor and providing information on your situation, the Surveyor can act as your agent and sent a letter to your neighbour requiring them to serve notice under the Act.

3. Letter Before Action

• If your amicable resolution attempts and the surveyor’s letter does not resolve matters, the next step is to contact a property solicitor to send a letter before action. This letter requires your neighbour apply the Act, otherwise, legal proceedings will be actioned.

4. Seek a Court Injunction

• If your neighbour continues to ignore the Act and the surveyor’s recommendations, you can seek to instruct a suitably qualified legal representative that can apply for a court injunction to halt the work. This is a legal order that requires them to stop any building work until the dispute is resolved. You may also be able to claim damages for any harm caused by the unauthorised work.

5. Claim for Damages

• If the work has already caused damage to your property, you can claim for damages through the courts. This includes any repairs needed to fix the damage, as well as any other costs incurred as a result of the unauthorised work.

Common Questions About the Party Wall Act

• Q: What happens if I ignore the Party Wall Act?
• A: Ignoring the Party Wall Act can lead to serious consequences, including legal disputes, court injunctions, and financial liabilities for any damage caused. It is always advisable to comply with the Act to avoid these issues. 

• Q: How much notice do I need to give under the Party Wall Act?
• A: You must give notice to your neighbour between 2 months and a year before starting work on a party wall or boundary structure. For excavation work, the notice period is at least one month. Our advice is to contact a Party Wall Surveyor at least 3 months prior to your building works intended start date. 

• Q: What should be included in a Party Wall Notice?
• A: A Party Wall Notice should include: 

• Your name and address.

• The address of the property where the work will be carried out.

• A detailed description of the proposed works include all alterations to or construction of a party wall or  other structures used in common with neighbours or near a boundary line or excavations of a certain depth near a boundary line

• The intended start date for the work.

• Q: Can my neighbour refuse to consent to the work?
• A: Yes, your neighbour can refuse consent, otherwise known as ‘dissent’. If this happens, both parties must appoint a surveyor to prepare a Party Wall Award, which will outline the terms under which the work can proceed. This surveyor may be joint between you and your neighbour, or solely your own. 

• Q: What is a Party Wall Award?
• A: A Party Wall Award is a legally binding document prepared by a surveyor that sets out the rights and responsibilities of both parties. It includes details of the work to be carried out, conditions for carrying out the work, and any compensation that may be required. 

• Q: What if my neighbour starts work without a Party Wall Agreement?
• A: If your neighbour starts work without an agreement, you can seek a court injunction to stop the work and require them to comply with the Act. You may also be able to claim damages for any harm caused. 

• Q: How is damage assessed and compensated?
• A: If damage occurs, the surveyor will assess the extent of the damage and determine the necessary repairs. The party responsible for the work will be required to pay for the repairs or compensate the affected neighbour.

Conclusion

The Party Wall Act is a vital piece of legislation designed to protect the interests of neighbouring property owners during construction work. Understanding your rights and responsibilities under the Act is crucial to preventing disputes and ensuring that any work carried out is safe and compliant. 

At Novello, we are impartial, punctual, and professional. We know that when it comes to property renovations and disputes, time and money are of the essence. Legal and financial setbacks are the last things you want when altering your home. Party wall alterations can affect both homeowners and neighbours and without due care, you could end up in a legal battle or cause damage that could have adverse consequences for multiple properties. 

No need to worry. Our impartial Party Wall Surveyors can handle any party wall matter with transparency, honesty, fairness, and punctuality. We’ll come to any location in London, Surrey, or the Home Counties at your convenience. We’ll liaise with all third parties involved and maintain open communications with you, utilising the latest mobile technology to ensure a smooth process.