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A party wall is a wall that separates two adjoining homes. Being shared by both homes, it gives the owners on either side have a legal interest in the wall.
Technically, it can be a illegal tresspass if the owner on one side carries out works to the wall without the consent of their neighbour. It can be a complex area of the law which covers more than one type of wall and situation.
The best known example of a party wall is the shared wall that separates adjoining occupiers in terraced or semi-detached houses. It can though also be af floor (for flats) as well as other structures and situations.
Yes. It is a legal requirement.
Failure to comply wiht the Act can epxose Building Owners to significant legal costs and claims for damages, real or imagined, if a Party Wall Award hasn’t been cretaed recording the works and proeprty condition.
The legal costs can dwarf the ‘damages’ costs if a neighbour were to take out an injunction in event no Party Wall Award has been created.
The Party Wall Act prescribes definite timescales thnat have to be followed unless the adjoining owner/ neighbour agrees to a shorter timescale.
Depending on the works, 4 or 8 weeks is common. For complex and signifianct projects it can take up to a year.
If your neighbour has commenced works that are notifiable under the Party Wall Act but has failed to serve the appropriate valid notices then a temporary injunction can be applied for at the County Court by the Adjoining Owner (neighbouring property).
This prevents works from continuing until a Party Wall Surveyor has been appointed to agree and produce a Party Wall Award. An injunction can be costly for the Building Owner carrying out works. In addition to legal costs, without a Schedule of Condition, the Building Owner/ developer can be exposed to additional claims for property damages that become difficult to counter.
Further information on the Party Wall Act can be found below:
