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What is a party wall?
A party wall refers to a wall which stands between two properties owned by separate individuals. You can usually find these in terraced houses, semi-detached homes and commercial buildings.
Understanding this term is vital before starting a new construction project to avoid unnecessary party wall disputes. Examples of party walls include:
- A wall which is part of one building
- A wall which separates two or more buildings
- A freestanding wall that divides land but is not explicitly attached to a building
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What are the most common party wall issues?
Party wall issues typically arise when property owners do not fully understand their legal obligations during construction projects. Common problems include:
- Failure to serve notice
- Disputes over the extent of the work
- Damage to the neighbour’s building
- Access issues when tradespeople need to enter the neighbour’s boundary
What is the Party Wall Act?
The Party Wall etc Act 1996 was introduced to prevent and resolve problems between neighbours. It mentions that property owners must notify the individuals they share a wall or boundary with before undertaking construction work. Failure to comply can lead to legal action, delays and added costs.
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What is a party wall agreement?
A party wall agreement is a legally binding document that should outline the details of a construction proposal and how it will affect a neighbour’s property. It will set out the rights and responsibilities of both owners to ensure they are protected.
Some of the key details that must be mentioned include the scope of the work, timelines, access arrangements and repair provisions.
What does the party wall agreement process look like?
If you follow all the steps correctly, here is how the process should unfold:
- Serve notice – The building owner should provide a written notice to the neighbour two months before work commences
- Wait for a response – The neighbour can consent or dissent the notice. No reply after 14 days means there is no consent to the notice.
- Appoint a surveyor – Instruct a professional to assist if disputes arise
- Draft a party wall award – Your surveyor will prepare a document that outlines how the work will proceed and address potential issues
- Appeals – If either neighbour disagrees with the award, they will have 14 days to appeal it in court
How to avoid boundary wall legal disputes
Building work can create potential disputes and clients need to be aware of their responsibilities in relation to:
- Scaffolding – Ensure you have permission to cross scaffolding over a boundary
- Crane agreements – Obtain legal agreements for crane use over both properties
- Ransom strips – Be aware of small, privately owned land strips that may get in the way of the development
- Access areas – Clearly define access requirements for tradespeople
- Party wall awards – Make sure all legal documents are in place before work begins
Our qualified chartered surveyors are regularly appointed to advise clients on such matters. Acting for both developers and adjoining owners, we have wide-ranging experience in the public and private sectors.
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Why should I choose Eddisons for party wall advice?
With over 180 years of property experience, you can depend on us to provide bespoke party wall advice. Our experts have extensive knowledge of various sectors and are RICS-accredited, allowing us to complete the work to the highest industry standards.
We also have a proven track record and are highly rated, with 100% of reviewers recommending our services on Reviews.IO.
Get party wall advice now
Whether you are carrying out work or want to dispute a notice, we are here to help. Simply call 0800 051 2593 or complete the form below to arrange a free consultation. Be sure to read our news and insights for more information about us and the wider industry.