Party Wall Disputes

In the construction industry, it’s common to encounter issues related to the shared walls between neighbouring properties. These walls, known as party walls, can become a source of contention when construction work is planned, leading to what is known as a party wall dispute. For construction companies, understanding the legal framework and processes surrounding party walls is crucial to avoiding costly delays and legal conflicts.

At Blackstone Solicitors, we offer expert guidance on party wall matters and help construction companies across England and Wales navigate the complexities involved. In this article, we’ll explain what a party wall is, outline the legal requirements under the Party Wall Act 1996, and provide guidance on how to manage and resolve party wall disputes.

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What is a Party Wall?

A party wall is a wall that sits on the boundary between two properties and is shared by the owners of both. It can either form part of a building (such as a dividing wall between two terraced houses) or stand as a boundary (such as a garden wall). Party walls can also include structures like floors or ceilings in buildings with multiple owners, such as flats or offices.

Given their shared nature, any work on or near a party wall can affect the adjoining property. Whether you’re constructing an extension, carrying out structural alterations, or even excavating near a neighbouring property, it’s essential to ensure that the correct legal process is followed to avoid disputes.

The Party Wall Act 1996

The Party Wall Act 1996 is the primary legislation governing party walls in England and Wales. The Act aims to provide a framework for preventing and resolving disputes related to party walls, boundary walls, and excavations near neighbouring properties.

The Act sets out specific requirements for notifying neighbouring property owners (known as adjoining owners) about planned construction work and outlines the rights and responsibilities of both parties. Failure to comply with the Party Wall Act can result in significant delays, potential legal action, and increased costs for construction companies.

When Does the Party Wall Act Apply?

The Party Wall Act applies when a construction company or property owner is planning to undertake certain types of work that could affect a party wall or neighbouring property. The Act covers three main types of work:

1. Building on a Party Wall: This includes any work directly affecting an existing party wall, such as inserting beams, raising the height of the wall, or cutting into the wall for structural purposes.
2. Building on the Boundary Line: If the construction involves building a new wall along the boundary between two properties, the Act may apply.
3. Excavations Near a Party Wall: The Act applies if excavation work is planned within three or six metres of a neighbouring property, depending on the depth of the excavation and the proximity to the neighbour’s foundations.

The Party Wall Notice

Before any construction work can begin, the person carrying out the work (referred to as the building owner) must serve a party wall notice on the adjoining owner. The notice is a formal document that outlines the details of the proposed work and gives the adjoining owner the opportunity to either consent or dissent to the plans.

The party wall notice must be served at least two months before work is due to start for work directly on the party wall, and at least one month in advance for excavation work. The notice should include:

• The name and address of the building owner
• A detailed description of the proposed work
• The start date for the work
• Plans and drawings of the work, if relevant

Once the notice is served, the adjoining owner has 14 days to respond. If they consent, the work can proceed as planned. However, if they dissent or fail to respond within the 14-day period, a party wall dispute is deemed to have arisen.

How to Handle a Party Wall Dispute

If a party wall dispute arises, the next step is to appoint a party wall surveyor to help resolve the issue. There are two main options for handling a party wall dispute:

1. Agreed Surveyor: Both the building owner and the adjoining owner can agree to appoint a single party wall surveyor to act impartially and draw up a party wall award. This document sets out the terms and conditions under which the work can proceed, including any precautions to protect the adjoining property and compensation for any potential damage.
2. Separate Surveyors: If the parties cannot agree on a single surveyor, each side can appoint their own surveyor. The two surveyors will then work together to draft the party wall award. If the surveyors cannot agree, they will appoint a third surveyor (known as the third surveyor) to make the final decision.

The party wall surveyor(s) are independent experts who act impartially to protect the interests of both parties. Their role is not to favour one side over the other but to ensure that the work is carried out in accordance with the Party Wall Act and that any potential risks to the adjoining property are properly addressed.

The Party Wall Award

The party wall award is a legally binding document that outlines the terms under which the construction work can take place. It typically includes:

• A detailed description of the proposed work
• Conditions for protecting the adjoining property (e.g., temporary supports or hoardings)
• The agreed schedule for the work
• Procedures for resolving any future disputes
• Compensation or payments for any damage caused to the adjoining property
• Any additional safeguards required to minimise disruption or risk

The party wall award also sets out the surveyor’s fees, which are usually paid by the building owner, although in some cases, the costs may be shared if both parties benefit from the work.

Once the award is issued, the building owner can proceed with the construction work, provided they comply with the terms set out in the award. It’s important to note that the adjoining owner has the right to appeal the party wall award in the County Court within 14 days if they believe it is unfair or unreasonable.

Preventing Party Wall Disputes

For construction companies, preventing party wall disputes is critical to ensuring that projects run smoothly and on schedule. Here are some key steps that can help avoid disputes:

1. Early Communication: Establish open lines of communication with neighbouring property owners as early as possible. Inform them of your planned work, discuss potential concerns, and provide clear explanations of how the work will affect them. Early engagement can help build trust and avoid misunderstandings.
2. Serve Notices Promptly: Ensure that party wall notices are served in accordance with the Party Wall Act, with enough time for neighbours to respond. Rushed or last-minute notices can lead to unnecessary disputes and delays.
3. Use Qualified Surveyors: When a party wall dispute arises, make sure to engage qualified and experienced party wall surveyors who understand the legal and technical aspects of the construction work. Their expertise can help facilitate a fair resolution and prevent further disputes.
4. Follow the Terms of the Award: Once the party wall award is in place, ensure that all conditions are strictly followed. Deviating from the award’s terms can result in legal challenges and further delays to the project.
5. Minimise Disruption: If your work is likely to cause noise, dust, or other disruptions to the adjoining property, take steps to minimise the impact. Discuss potential issues with the neighbour and take proactive measures to mitigate disturbances, such as scheduling noisy work at agreed-upon times.

Consequences of Ignoring the Party Wall Act

Failing to comply with the Party Wall Act can have serious consequences for construction companies. If a building owner fails to serve the required notices or disregards the terms of the party wall award, they can be taken to court by the adjoining owner. This can result in:

• Injunctions: The adjoining owner may seek a court injunction to stop the work until the proper process is followed. This can lead to significant delays and increased costs for the project.
• Compensation Claims: If the construction work causes damage to the adjoining property and the Party Wall Act was not followed, the building owner may be liable for compensation claims.
• Project Delays: Party wall disputes can cause lengthy delays to construction projects, especially if they escalate into legal action. These delays can have knock-on effects on project timelines and budgets, leading to financial losses for the contractor.

Conclusion

Party wall disputes are a common issue in construction, but with the right approach, they can be effectively managed and resolved. By understanding the legal framework of the Party Wall Act 1996, serving notices in a timely manner, and working with experienced party wall surveyors, construction companies can minimise the risk of disputes and ensure that their projects progress smoothly.

At Blackstone Solicitors, we specialise in advising construction companies on party wall matters and helping them navigate disputes with neighbouring property owners. Whether you need assistance drafting party wall notices, resolving a dispute, or ensuring compliance with the Party Wall Act, our team of experts is here to guide you through the process.

By taking a proactive approach to party wall issues, construction companies can protect their projects, avoid costly delays, and maintain positive relationships with adjoining property owners.

How we can help

We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/

How to Contact Our Construction Solicitors

It is important for you to be well informed about the issues and possible implications of construction law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Corporate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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