For many UK property owners, boundary disputes are among the most common issues causing conflict between neighbours. Even in a harmonious neighbourhood, these issues can arise when there is uncertainty or disagreement over location, ownership, or use of a common boundary or party wall.
For many UK property owners, boundary disputes are among the most common issues causing conflict between neighbours. Even in a harmonious neighbourhood, these issues can arise when there is uncertainty or disagreement over location, ownership, or use of a common boundary or party wall.
However, the most damning part is that the consequences of these disputes can be costly, time-consuming and stressful to resolve, especially if they escalate to legal action. Thankfully, there is a framework in place that can help resolve such disputes more amicably and efficiently. This framework is the Party Wall Act, which applies to all buildings in England and Wales.
What is the Party Wall Act?
The Party Wall Act is a legislation passed by parliament in 1996 regulating the rights and obligations of property owners sharing a party wall or carrying out construction near a neighbouring building.
The objective? To prevent disputes between landlords by ensuring that owners notify each other of their intentions and agree on the terms of a construction project before it starts.
Basically, the Act covers three types of work:
- Construction of a new wall on the boundary of two properties
- Projects that raise, underpin or demolish an existing party wall structure
- Excavation within three or six metres of a neighbouring building
As such, if you intend to break ground on any of these types of projects on your property, you must serve a notice on your adjoining owner at least two months before you start (or one month for excavation projects).
Not only that, this notice must include details such as;
- Your name and address
- The nature and extent of the work
- Start date and expected duration
- Any plans or drawings that will serve as a blueprint for the project.
How Does the Party Wall Act Help Resolve Boundary Disputes?
The Party Wall Act helps resolve boundary disputes by providing a transparent and fair process for owners to follow when carrying out work that affects a neighbouring building. The process involves four main steps:
1.Serving Notice:
As mentioned above, you must notify your adjoining owner of your proposed work in writing and give them enough time to respond. According to the Party Wall Act, the minimum response time you must allow is two weeks.
2.Obtaining Consent:
On their part, your neighbour has three options. They can either consent to your work, dissent or request a surveyor to be appointed to settle the matter. However, if they do not respond within 14 days, the law deems them to have dissented, and a surveyor must be appointed.
3.Appointing A Surveyor:
If the adjoining owner opposes your work or does not respond at all, you must each appoint a party wall surveyor of your choosing or agree on a single surveyor to draw up a party wall award.
What’s a party wall award? Glad you asked. A party wall award is a document that sets out the rights and duties of every party involved in a party wall dispute, the scope and conditions of the work, and who bears any costs of damages that may arise during the project.
4.Issuing An Award:
The party wall surveyor or surveyors must issue an award within ten days of being appointed unless you and your neighbour agree otherwise. This award is then served on both parties and becomes legally binding unless either party appeals to the county court within 14 days.
The Take Home
By following these steps, you and your adjoining owner can avoid going to court and resolve your boundary dispute more cooperatively and constructively. The Party Wall Act also protects both parties from potential damage or liability arising from the work, as it ensures that the work is carried out safely and correctly and that any compensation is paid if necessary.
If you plan to carry out any work under the Party Wall Act, you should consult a qualified and experienced party wall surveyor who can advise you on your rights and obligations and help you comply with the Act.
If you’re doing this in Kingston Upon Thames, Simmons Taylor Hall are veritable Party Wall party wall surveyor kingston landlords and property managers rely on for their expert, long-standing surveying services.
