The Party Wall etc Act 1996 An introduction By Mark Duckworth MRAC CSRT MFPWS C.BUILD E FCABE AssocRICS Chartered Building Engineer & RICS (evaluative) Mediator Technical competence with emotional intelligence
In Introduction • M&M Chartered RICS practice (based in Ely north of Cambridge) • Building Pathology – (Damp and Timber) • Boundaries & Party Wall • Mediation / Property dispute resolution Technical Competence with emotional intelligence
Today’s objectives: • Help you grasp some of the fundamentals of the Act and how it works • Explain the core principles and guiding ethos • Illustrate some practical examples Technical competence with emotional intelligence
3 x reasons to know about the Part rty Wall ll etc Act (1) It’s the Law of the land! • Active in England & Wales (not in Northern Ireland or Scotland) • No one is exempt from the PWA (except Royal Palaces + Inns of court) • It is referred to as ‘enabling legislation’ – a form of ADR • Administered by people, for protection of buildings, within a legal framework • The Courts take a (very) dim view of non compliance Technical competence with emotional intelligence
(2) It’s essential for neighbourly relations • While it’s not perfect – it is mostly (very) effective i.e. it works • Refined over centuries of evolutionary change • Addresses the tensions created when one neighbour plans to build • A Building owner’s outlook differs from that of an Adjoining owner • Building owners invariably just want to ‘get on’ with their project • Adjoining owners are invariably anxious at the prospect of ‘works’ • Conflicts and disputes would inundate the Courts without the Act • Where owners agree (in writing): no place for surveyors or the Act! Technical competence with emotional intelligence
(3 (3) Your clients will (o (often) be Building owners • Knowing about it, will help you to schedule your work accordingly and manage your client’s expectations! • It will help you to come across well, adding value to your clients • Such knowledge will help your clients avoid potentially great distress • ‘If’ administered well, it can help neighbourly relations Technical excellence with emotional intelligence
So what does it it actually do and how does it it work? • The PWA allows a building owner to progress with his/her building project, whilst the implications of the proposed works upon the Adjoining owner’s property interests, can be considered, so that adequate safeguards can be applied - before the works commence. • Firstly, what are known as ‘ notifiable works ,’ ( nw) should be identified • These may range from inserting lead flashing to a large basement dig • The PW process is initiated by serving the correct Party Wall ‘NOTICES’ • Initial Notices are always and only based upon ‘notifiable works’: inserting a chemical DPC or applying helifix bars or CDM to a Party Wall • Non notifiable works DO NOT come under the auspices of the Act • Notices are served to all ‘owners’: free + lease holders, long term tenants Technical competence with emotional intelligence
So what is a party wall notice ? • A simple legal document giving notice of intended building works • There are many types, but three specific ones should be understood: • A section 1 (Line of junction notice- when a BO intends to build up to the precise point of the ‘agreed’ boundary) • Section 2 Notices (Party Structure Notices – e.g. inserting a DPC) • Section 6 Notices (excavating within 3m, to a lower level than the neighbours foundations) • Section’s 2 + 6 notices require an acknowledgement notice from AO Martin & Mortimer
So who does what in this process? it ☺ ) (P (Pay car areful l attention to o th this is bit • The Building owner (BO) MUST serve the correct notice/s to the AO/s • The Adjoining owner (AO) then has 14 days to respond to the notice/s • The AO can either ‘assent’ (agree) to, or ‘dissent’ to the notices • An assent has time restrictions applied before works may start • A dissent = a formal dispute where a surveyor/s must be appointed • The surveyor/s conclude the dispute with an AWARD document • A ‘schedule of condition’ is not mandatory BUT is essential! • An award is binding and must be in place before (n) works commence • The surveyor/s are statutorily appointed – they cannot be sacked! • The Building Owner (invariably) pays all of the ‘reasonable’ costs Martin & Mortimer
So how do I know if it’s a Party wall? Martin & Mortimer
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A word about Part rty Wall ll Advisors/Surv rveyors • Anyone can act as a Party wall surveyor – qualifications not mandatory! • Two phases: Party wall advisor status up until notices are dissented to • Following dissent to a notice/s, the Advisor/s status fundamentally changes to that of a statutorily appointed Party Wall Surveyor • The ultimate goal is to resolve the dispute with an award i.e. no partisan • A surveyor’s appointment is always in writing from ‘the owners’ • The role carries responsibility to be professional and to act with integrity Technical competence with emotional intelligence
Summary ry and Conclusions • The PWA enables surveyors to add great value and provide conflict avoidance along with an effective form of Alternative dispute resolution (ADR) • First, understand what is a ‘party structure’ and what works are ‘notifiable’ • Be able to foresee and advise clients on important implications namely: risk profiles, timings, possible costs and other likely impacts • N.B. Consider, not only the facts + details, but crucially the ‘manner of approach’ i.e. communication and management of expectations • Ensure that Party wall issues are adequately addressed before you start work • Like PP/LBC & Building control, BO’s must also be compliant with the PWA • Whist good Party Wall practice may require upfront additional work + cost for the BO, the focus should be upon identifying the level of risk and communicating this appropriately then acting within the PWA framework Martin & Mortimer
Credits • Particular acknowledgments to Alex Frame: Chairman of the Faculty of Party Wall Surveyors for use of the illustrations – His excellent book • ‘Party Wall etc. Act – An easy guide’ - is recommended reading. • To Louise Harper my excellent secretary • To Steve and James at the PCA for this opportunity to share with you Technical competence with emotional intelligence
THANK YOU FOR LISTENING ANY QUESTIONS ? Technical competence with emotional intelligence
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