Glossary

Party Wall etc. Act 1996

This legislation Act came into force on 1 July 1997 throughout England and Wales (only) and is influenced by earlier legislation which applied to a less extensive geographical zone including that made in the aftermath of the Great Fire of London in 1666.

To our mind, the overarching purpose of the Party Wall etc. Act (the Act) is to promote building works (by Building Owners), where there is an inherent potential for these to impact neighbouring interests (Adjoining Owners) albeit with checks and balances intended to mitigate adverse consequences and thereby reduce litigation claims. The Act prescribes a framework, which engages Adjoining Owners and assigns management and determination responsibilities to appointed surveyors.

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Party
Wall
etc.
Act
1996

Building Owner

The Building Owner is defined under the Party Wall etc. Act (the Act) which is perhaps best understood as the interest who plans to undertake or commission building works for which the Act is invoked.

The Building Owner can be a freehold owner or long leasehold owner of the property where works are proposed (not exhaustive).

The Building Owner is afforded advantageous rights under the Act beyond those available at common law but is also duty bound to properly follow the process prescribed under the Act and has many responsibilities which cannot be assigned to others.

Adjoining Owner

The Adjoining Owner is defined under the Party Wall etc. Act (the Act) which is perhaps best understood as the interest who is “affected” by building works for which the Act is invoked.

An Adjoining Owner can be a freehold owner or long leasehold owner of the relevant property and often both types of owners will be entitled to party wall notification with respect to the same building. It is the response of the Adjoining Owners to such notification that determines whether a Party Wall Award is required.

Adjoining Owner

Party Wall

A party wall is best understood as a vertical structure which forms a separation between two properties under different legal ownerships, where there is interior accommodation on at least one side and the notional boundary line at its centre point.

A horizontal floor structure satisfying otherwise common criteria as a party wall is known as a party structure and could apply to a floor separating 2 flats with different legal ownerships from each other.

A freestanding masonry wall which separates the gardens of two properties under different legal ownerships and with the boundary line is taken to be at its centre point is termed a party fence wall.

The Party Wall etc. Act provides broadly the same rights for a party wall, party structure and party fence wall though there are some subtle distinctions. All are best understood as being under the joint ownership of the owners of the property at either side of them.

Party Wall Award

This is a legally enforceable document and is a form of dispute resolution made by one or two surveyors appointed under the provisions of the Party Wall etc. Act. It typically authorises the notified building works to commence subject to certain specified conditions being met, it also clarifies the rights and duties of the relevant parties both during the execution of works and beyond and gives guidance on potential future action, say in the not uncommon event where a damage claim is made.

Such conditions included in an Award, could include the requirement to provide temporary support or weathering and to form new foundations in a piecemeal way.

An Award is signed and then served by surveyors rather than either the interest who plans to undertake works (Building Owner) or the affected interest (Adjoining Owner), given the requirement for impartiality, but surveyors should establish a dialogue with these interests to best focus the content and provisions of an Award.

The fees of the surveyor appointed by the Adjoining Owner tend to be expressed in an Award assuming they have been agreed as reasonable by the surveyor appointed by the Building Owner.

An Award may be served via first-class post or by electronic means, with the latter enabled by the recipient first confirming this is an acceptable route. A recipient Building Owner or Adjoining Owner may bring an appeal against an Award within 14 days from the date of service, though this is a right infrequently exercised.