Party Wall Matters

The Party Wall Act (1996) controls the relationship between neighbouring owners where one of them wishes to carry out works on or adjacent to a boundary. It applies not only to party walls, but also boundary walls/fences and floors between separate owners.

There may be many neighbouring owners in one building – the freeholder and all tenants with a lease of more than a year and those with an interest under contract to purchase or lease.

Any building works to a property need to be planned, agreed and executed in a proper manner. If you are an adjoining owner affected by the works, you have the right to appoint a surveyor of your choice, to represent your interests to ensure the works are undertaken to safeguard (and sometimes improve) the occupation, condition and value of your property asset. Your surveyor’s reasonable costs will be borne by the neighbouring owner.

The agreement – known as a Party Wall Award – is an important legal document which should be comprehensively and professionally prepared and agreed, to avoid later conflict, damage, disruption and nuisance resulting from the works. The Award will accompany other documents defining the history and development of the property to become a valuable part of the records for the property expected by diligent owners and purchasers.

We have extensive experience in dealing with party wall matters, during which time we have successfully acted on both sides, often in complex cases involving sensitive city centre sites in multiple ownership.