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Construction Disputes: Party Walls

Party walls are a common source of construction dispute, often leaving neighbours uncertain of what action they can take. If you have a concern regarding any construction work to a party wall, it is best to seek legal advice as soon as possible.

What Is A Party Wall?

A party wall is a wall which stands across the boundary of land owned by different parties, or a wall which divides separately owned buildings. Therefore a party wall will certainly exist in houses that are semi-detached or terraced, and can also include garden walls that separate a land boundary (known as party fence walls).

Party Walls And Construction

There are specific rules regarding construction work carried out on walls that separate buildings belonging to different owners. These laws are laid out in the Party Wall Act 1996, and stipulate that those intending to carry out work to a party wall must inform all those neighbours who also share the wall. Furthermore, if the intended construction work involves a ceiling or floor then neighbours above or below must be told.

However, it must be remembered notice only has to be given to a neighbour if certain work is proposed, including the following:-

• Cutting into the wall;
• Inserting a damp proof course;
• Raising a party wall;
• Demolishing and rebuilding a party wall;
• Excavating foundations.

There is, therefore, building work which is not covered by the Party Wall Act. These are generally considered to be more minor jobs that will not compromise the structural integrity of a wall, such as:-

• Fixing plug sockets;
• Screwing in wall units of shelves;
• Adding or replacing electrical wiring;
• Replastering.

Agreements and Disputes Over Party Walls

Before work starts, all neighbours that share the party wall in question must be notified two months in advance. A neighbour then has fourteen days to either provide a written agreement, or to express an opposition to the building work.

If an agreement is not given, then the next step is to appoint a surveyor. This can be one impartial surveyor, or alternatively each party can employ their own. The surveyor(s) must then prepare something called a Party Wall Award which will set out:-

• The exact nature of the building work;
• When and how it must be carried out – including any time limits;
• The condition of the party wall before work begins;
• Whether any temporary protection is needed;
• Arrangements for surveyors to inspect the building work.

Is There Any Other Action Can You Take?

If you remain worried about proposed work to a party wall, then you should contact a legal expert. Construction law is a complicated subject, but a solicitor that specialises in this area of law will be able to assess your concerns. If there is further action you can take then a solicitor will be able to discuss all your options with you. This could involve preventing the building work taking place, or putting in place specific arrangements such as compensation or time restraints.

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Our Charges For Dispute Resolution

We offer you a free initial telephone consultation to review your dispute. We will then provide you with an outline of your options, along with details of our costs. You can then decide whether to proceed.

For immediate assistance for your business please call us on 0121 236 7388 or complete an Enquiry Form and we will be in touch with you.