Can a Neighbour refuse a Party Wall Agreement?

If you want to carry out notifiable building works in an area that has shared boundaries with adjoining neighbours, there are clearly defined rules under the Party Wall etc. Act 1996 (the Act) that you will need to follow.

Principally the most important obligation you have is to serve formal notice to any adjoining owner.

This needs to be done in writing, not verbally, and well before any work commences and your neighbour will need to agree to the work being carried out again by a written response.

If there is a dispute or the adjoining neighbours decline to provide a written consent, a dispute is deemed to have arisen under section 10 of the Act , and then a party wall surveyor will have to be engaged.

What is a Party Wall?

A party wall is a wall that stands on the land of two different Owners, to a greater extent than just a foundation below ground different the building owner and adjoining owners property.

It is a shared structure that can either be part of a building or something like a masonry garden wall (party garden wall). Properties like semi-detached houses are likely to have a party wall between them.

What is a Party Wall Agreement or Award?

A party wall agreement know as an award under the Act is an legal document between two parties, where one Owner is desirous of executing rights under the Act and it’s designed to lessen the potential for dispute and encourage resolution if there are objections. The Party Wall award sets out the rights and obligations of both sets of property Owners.

According to the  Act  you must inform your neighbour about the work that you intend to undertake (which falls within the remit of the Act ) before that project is begun.

This would be the case, for example, if you were planning to build on the boundary or astride the line of junction, carry out repairs or work on an existing party structure or you wanted to carry out excavation work or digging in the general area, within specific horizontal distances from a neighbouring structure, and to a lower level than the underside of the existing footings to that structure. These distances are 3 or 6 metres depending on the excavation method classical mass foundations or piles.

What are your obligations?

You must inform your neighbour what you plan to do through a formal, written party wall notice under sections 1,2,3 or 6 of the Act.

This Notice has to include various information, for it to be a valid Notice. Whilst an ‘Owner’ desirous of carrying out works under the Party Wall Act can draft and serve a Notice themselves, some Owners may ask a Party Wall Surveyor to do so. There is a greater prospect of success using a professional Surveyor.

You do not need to inform the owner of an adjoining building if you are carrying out minor works to a party wall  such replacing electrical wires in pre – existing chases or conduits or putting up structures such as shelves.

You need to give your neighbour a minimum of 1 or 2 months' notice, in writing before you carry out the work depending on which section of the Act notifiable works are being carried out.

You can also discuss any changes to the intended scope of Party Wall Act related works with them before this.

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