Party Wall Disputes
What it means
“I know that navigating property disputes can be daunting. That’s why I pride myself on providing a personalised and strategic approach to every case. I’m here to guide and support you every step of the way.”
A party wall includes any structure that straddles the boundary between two properties, including:
- A wall between semi-detached houses;
- The floor between flats;
- A standalone wall between properties.
The Party Wall Act (PWA) 1996 provides a framework to enable neighbours to carry out certain building works, for example:
- Carrying out repairs to a party wall;
- Demolishing and rebuilding a party wall because it is structurally defective;
- Cutting into the wall to take a bearing of a beam, for example, during a loft conversion;
- Raising the height of a party wall, for example, adding another storey;
- Digging beneath a party wall, for example, to form a basement.
The PWA 1996 also provides a procedure to resolve disputes that arise as a result of those building works, for example, if a person carries out works to a shared wall without their neighbour’s permission or if a neighbour refuses to give consent to proposed building works relating to a shared wall.
What steps should be taken before carrying out building works related to a party wall?
A building owner must give notice to all adjoining owners of any works that will be caught by the provisions of the PWA 1996.
The notice requirements vary depending on what the work involves. For works on an existing wall, two months’ notice is required. For building a new party wall or excavations of the adjoining owner’s buildings, one month’s notice is required.
A building owner must comply with these statutory obligations before starting the building works. Failure to do so could entitle an adjoining neighbour to bring a claim in private nuisance and/or trespass.
As party wall solicitors, we can carry out this process on your behalf, including preparing and serving the notice on the adjoining neighbour.
What are an adjoining neighbour’s options in response to a notice?
For works to an existing wall, an adjoining neighbour can:
- Give prior consent to the works in writing; or
- Serve a counter-notice within one month of the building owner’s notice; or
- Ignore the notice (i.e., consent is not given)
The counter-notice provides a mechanism for the adjoining owner to ensure that certain extra works are incorporated into the building owner’s works, at the adjoining owner’s own cost.
For building a new party wall or excavations of the adjoining owner’s buildings, an adjoining neighbour can:
- Give consent in writing within 14 days; or
- Ignore the notice.
We can prepare and serve a counter-notice on your behalf, as well as providing expert legal advice about your particular case and options.
When do disputes arise and how are they resolved?
Under PWA 1996, a dispute will arise, or will be deemed to arise, if:
- The adjoining owner does not consent within 14 days of the building owner’s notice; or
- The building owner does not consent within 14 days of the adjoining owner’s counter-notice.
The parties can jointly appoint an agreed party wall surveyor to make an award or can each appoint their own surveyors who will select a third party surveyor.
A party wall surveyor may resolve any matter that is connected to the works in dispute, including:
- The building owner’s right to carry out the works;
- The time and manner in which the works are carried out;
- Any other matter arising out of or incidental to the dispute, including the costs of making the award.
The surveyor’s decision is known as an award which sets out the circumstances in which the works will be carried out. The award will usually contain a schedule of condition as a record of the adjoining owner’s property before the works begin. The aim is to protect the adjoining owner if damages occur.
We can act for a building owner or an adjoining owner in a party wall dispute, including appointing a party wall surveyor on your behalf and advising you on the enforceability of the award.
Can I contest the surveyor’s award?
Under PWA 1996, the building owner or adjoining owner can appeal an award if there are sufficient grounds to show the award was wrong.
An application to appeal an award must be made within 14 days of the award being served.
Are you in need of a party wall solicitor? We are experienced in taking matters such as these to the County Court. We can act for a building owner or an adjoining owner in a party wall dispute, as well as providing expert legal advice on the merits of your particular case.
With you every step of the way
We’re here to take your side, guide you through the intricacies of litigation, resolve disputes efficiently and help you achieve the best outcome for you.
Why clients choose us
Clear advice you can trust
Although a fully qualified Building Surveyor (retired) I required legal advice on a Party Wall matter. Following a meeting with Nina Khan I would have no hesitation in recommending Naylor Solicitors LLP.
Alan James
Private Client