The "Adjoining Owner Party Wall Act" refers to the Party Wall etc. Act 1996, a vital piece of legislation in England and Wales that governs alterations and works affecting shared walls (party walls), boundary walls, and excavations near neighboring properties. For an Adjoining Owner, this Act provides crucial rights and protections when a building owner (the person carrying out the works) plans construction work that falls under the Act's scope.
Understanding the Party Wall Act for Adjoining Owners
The Party Wall etc. Act 1996 outlines the procedures and responsibilities when building works involve a party wall, a party fence wall, or excavations close to an adjoining property. Its primary purpose is to prevent disputes and facilitate the resolution of any issues that may arise during construction, ensuring that the rights and property of both the building owner and the adjoining owner are protected.
Who is an Adjoining Owner?
An Adjoining Owner is anyone who owns land, buildings, or rooms that adjoin a property where building works are proposed under the scope of the Party Wall Act. This often includes neighbors whose property shares a wall, boundary, or is close to an excavation site.
Key Rights of an Adjoining Owner Under the Act
The Act grants significant protections and rights to an Adjoining Owner, ensuring their property is safeguarded and their interests are represented. As per the Party Wall Act, an Adjoining Owner has the right to:
- Appoint a surveyor to resolve any dispute: If a dispute arises regarding the proposed works or the Party Wall Award, the Adjoining Owner can appoint their own surveyor (at the building owner's expense) to act impartially or jointly with the building owner's surveyor. This ensures an independent and expert resolution.
- Require reasonable necessary measures to be taken to protect their property from damage and for their security: This is a fundamental right. The building owner must implement adequate precautions to prevent damage to the Adjoining Owner's property and ensure its security throughout the construction process. This can include temporary support, protective coverings, and ensuring access points remain secure.
- Receive a Party Wall Notice: The building owner is legally required to serve a formal Party Wall Notice outlining the proposed works well in advance (typically one or two months, depending on the type of work).
- Agree or dissent to the works: Upon receiving a notice, the Adjoining Owner has a specific timeframe (usually 14 days) to respond. They can consent to the works, dissent (which triggers the need for a Party Wall Award), or simply not respond (which is treated as a dissent).
- Request a Party Wall Award: If the Adjoining Owner dissents, a Party Wall Award (a legally binding document) must be drawn up by appointed surveyors. This award details the proposed works, safeguards, access arrangements, working hours, and often includes a schedule of condition of the Adjoining Owner's property.
- Be compensated for loss or damage: If the works cause any damage to the Adjoining Owner's property, the building owner is liable to make good the damage or pay compensation.
- Access for inspection: The Adjoining Owner, or their appointed surveyor, has the right to reasonable access to the building owner's property to inspect the works as they progress.
What Works Are Covered?
The Act primarily covers three types of works:
| Work Type | Description |
|---|---|
| Works to an Existing Party Wall | Alterations to an existing party wall, such as cutting into it, raising it, underpinning, or demolishing and rebuilding it. This includes structural alterations like removing a chimney breast that forms part of a party wall. |
| Building a New Wall at the Boundary Line | Construction of a new wall either astride the boundary line (as a new party wall) or up to the boundary line, wholly on the building owner's land. |
| Excavations Near Neighbouring Buildings | Excavating for new foundations within certain distances of an adjoining owner's building or structure. This applies if the excavation is within 3 meters of a neighbor's building and deeper than their foundations, or within 6 meters if the excavation intersects a 45-degree plane extending downwards from their foundations. |
The Importance of a Party Wall Award
When an Adjoining Owner dissents, the process moves to the appointment of surveyors (either an agreed surveyor or separate surveyors for each party). These surveyors draft a Party Wall Award, which is a crucial legal document. It formalizes the details of the work, methods, timings, and protections for the Adjoining Owner, including:
- Scope of works: Detailed description of what is to be done.
- Protection measures: How the Adjoining Owner's property will be protected.
- Access arrangements: When and how the building owner can access the Adjoining Owner's land, if necessary.
- Working hours: Agreed times for noisy or disruptive work.
- Schedule of condition: A record of the condition of the Adjoining Owner's property before works begin, vital for proving any subsequent damage.
- Cost allocation: Typically, the building owner bears all reasonable costs associated with the Party Wall Award and the Adjoining Owner's surveyor.
By understanding these rights and procedures, Adjoining Owners can effectively protect their property and ensure that building works next door are carried out safely and legally.
