Party Wall Matters

In the early 1990s Parliament became increasingly concerned about neighbourly boundary disputes and felt the formal mechanism of this Act would assist in preventing them.  The Act gives absolute rights to a Building Owner or developer to carry out works on their land affecting a party wall or party structure.  A Building Owner/developer has rights to cut into a party structure, cut projections off from the party structure, underpin it and inject into it.  They also have rights to undertake excavations, say for a new independent building, within three or six metres of a structure on adjoining land, depending upon the actual detail of the works.

However, if a Building Owner/developer exercises any of the above rights, they have certain responsibilities towards all Adjoining Owners affected by the works.  Initially they must serve Party Wall notices in good time setting out the proposed works caught under the Act, with surveyors needing to be appointed if there is dissent (a dispute between the Building Owner/developer and the Adjoining Owner/s).  Surveyors for both sides must act impartially as the Act demands.  The Building Owner/developer must not cause unnecessary inconvenience to the Adjoining Owner/s from the manner in which they are carrying out the works, or the time at which they are carrying the works out, and the two surveyors act to ensure both parties are protected.  The Act covers the issue of “reasonableness” and the requirement for compensation to be paid in certain circumstances.  

We have extensive experience in dealing with party wall matters, ranging from simple residential extensions up to complex multi-interest city centre re-development projects.

Acting for Building Owners

• Ascertaining adjoining ownerships by way of undertaking Land Registry searches, liaising with solicitors and if needed cold calling upon adjoining properties;
• Preparing and serving the legally correct required Party Wall notices upon Adjoining Owners;
• Preparing Schedules of Condition on Adjoining Owners’ premises/land relating to the party wall or excavation works;
• Liaising with Building Owners, in particular their architects and structural engineers, in order to produce all necessary drawings, both for the serving of the Party Wall notices and for completion of Party Wall Awards;
• Drafting Party Wall Awards and agreeing their detailed terms/contents with the Adjoining Owners’ Surveyors;
• Monitoring the works on site to ensure of compliance with the terms set out in the issued Party Wall Awards;
• Agreeing supplementary Party Wall Awards were necessary;
• Confirming to the Building Owner what making good of damage is required, if any, to adjoining properties/land as a result of the “notifiable” works under the Act.

Acting for Adjoining Owners

• Examining Party Wall notices submitted by the Building Owner or their surveyor to verify their legal validity.
• Liaising with the Building Owner’s Surveyor, visiting the adjoining property and agreeing the Schedule of Condition.
• Having in mind the Act, and negotiating the terms/contents of any Party Wall Award.
• Monitoring the works from time to time during the course of the building contract, all as set out in the Party Wall Award.
• Checking the Schedule of Condition after all works under the Act are completed and agreeing what damage, if any, has to be remedied.
• Liaising with the Building Owner’s Surveyor to ensure that the Building Owner expedites all matters under the Act.

Other “Neighbourly” matters

• Work in connection with the drafting, negotiation and issue of Crane Over-sailing agreements and/or Scaffolding Licences for developers and/or adjoining/adjacent land owners for city centre developments etc.