The Party Wall etc Act 1996 An introduction By Mark Duckworth MRAC - - PowerPoint PPT Presentation

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

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In Introduction

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• M&M Chartered RICS practice (based in Ely north of Cambridge)
• Building Pathology – (Damp and Timber)
• Boundaries & Party Wall
• Mediation / Property dispute resolution

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

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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

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(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!

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(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

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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

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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

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So who does what in this process?

(P (Pay car areful l attention to

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this is bit it ☺)

• 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

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So how do I know if it’s a Party wall?

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A word about Part rty Wall ll Advisors/Surv rveyors

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• 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

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

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Credits

• Particular acknowledgments to Alex Frame: Chairman of the Faculty
• f 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

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THANK YOU FOR LISTENING ANY QUESTIONS ?

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