A complete guide for property developers to party walls in London

5^th May 2023

The editorial unit

The editorial unit

5 May 2023

Property development in London can be a complex and challenging endeavour, particularly when it comes to navigating the legal and regulatory landscape. One area that often poses difficulties for developers is the issue of party walls.

This article aims to provide a comprehensive guide to party walls in London, including an overview of the relevant legislation, the role of a party wall surveyor, and the steps developers need to take to ensure compliance with the law.

Understanding party walls

A party wall is a shared wall that separates two adjoining properties, typically found in terraced or semi-detached houses. The wall is considered to be part of both properties and therefore, any work carried out on or near a party wall may have implications for both property owners.

The Party Wall etc Act 1996

The primary legislation governing party walls in England and Wales is the Party Wall etc. Act 1996. This Act sets out the rights and responsibilities of property owners when it comes to party walls, and it aims to prevent and resolve disputes between neighbours.

The Act applies to a range of works, including:

• Building a new wall at or near the boundary between two properties
• Carrying out repairs or alterations to an existing party wall
• Excavating near a neighbouring building

It is worth noting that the Act does not cover minor works, such as drilling holes for shelves or attaching a satellite dish. However, it is always best to discuss any planned work with one’s neighbour to avoid potential disputes.

The role of a party wall surveyor

A party wall surveyor is a professional who specialises in dealing with party wall matters. They can provide expert advice and guidance on the Party Wall Act and ensure that any works carried out are in compliance with the law.

The role of a party wall surveyor typically includes:

• Advising on the requirements of the Party Wall Act
• Assessing the proposed works to determine if they fall within the scope of the Act
• Preparing and serving the necessary notices on behalf of the property owner
• Conducting a schedule of condition to record the state of the neighbouring property before works commence
• Resolving any disputes that may arise between the parties
• Preparing a Party Wall Award, which sets out the terms and conditions under which the works may proceed

It is important to engage a qualified and experienced London party wall surveyor, as their expertise can help to prevent disputes and ensure that the works are carried out in accordance with the law.

Serving party wall notices

Before carrying out any work that falls within the scope of the Party Wall Act, property developers must serve the appropriate notice on their neighbours. This is a legal requirement and failure to do so can result in the works being deemed unlawful.

There are three types of party wall notices:

• Party Structure Notice: This notice is required when carrying out work directly to a party wall, such as cutting into the wall or removing a chimney breast.
• Line of Junction Notice: This notice is required when building a new wall at or near the boundary between two properties.
• Notice of Adjacent Excavation: This notice is required when excavating within three or six metres of a neighbouring building, depending on the depth of the excavation.

Notices must be served at least one or two months before the planned start date of the works, depending on the type of notice. It is advisable to consult a party wall surveyor to ensure that the correct notice is served and that it contains all the necessary information.

Agreeing a party wall award

If the neighbouring property owner consents to the works, the developer can proceed without the need for a party wall award. However, if the neighbour does not consent or fails to respond to the notice within 14 days, the parties are considered to be in dispute.

In this case, both parties must appoint a party wall surveyor, either individually or by agreeing on a single surveyor to act for both parties. The surveyor(s) will then prepare a Party Wall Award, which sets out the terms and conditions under which the works may proceed.

The Party Wall Award typically includes:

• A description of the proposed works
• A schedule of condition for the neighbouring property
• Any additional provisions or requirements, such as access arrangements or restrictions on working hours
• The requirement for the developer to rectify any damage caused to the neighbouring property as a result of the works

Once the Party Wall Award has been agreed and served on both parties, the developer can proceed with the works in accordance with the terms of the Award.

Conclusion

Navigating the complexities of party walls in London can be challenging for property developers. However, by understanding the requirements of the Party Wall Act, engaging a qualified party wall surveyor, and following the correct procedures for serving notices and agreeing on a Party Wall Award, developers can ensure that their projects proceed smoothly and in compliance with the law.

The editorial unit