Building Owners

Early Advice

Understanding your entitlements and obligations under the Act is really important.

We can help you maximise your space, secure access rights for the building works and improve how the building is maintained in the future.

Early communication with your neighbours is essential and can often help reduce your overall costs.

Is Your Proposed Work In Scope of the Act?

If you intend to carry out any of the works below the Act may apply:-

  • Section 1: Building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property.
  • Section 2: Work on an existing party wall, ceiling or floor shared with a neighbour or building against a party wall or structure.
  • Section 6: Excavating near a neighbouring property or structure.

Some Work Does Not Fall Under The Act

The Act does not apply to minor works such as plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

The key point is whether your planned work might have adverse consequences on structural strength of the party wall or cause damage to the Adjoining Owner's side of the wall.

We can help you identify if your works are in scope of the Act or not.

My Works Are In Scope, What Do I Do Next?

You must serve written Notice to all Adjoining Owners (as defined by the Act).

These must be served a minimum of 1 month ahead of the proposed start date for excavations and work on the line of junction, and 2 months for work on a Party Wall or Party Fence Wall.

If the Adjoining Owner consents to the Notice then work may start.

If the Adjoining Owner dissents to the Notice or does not respond with 14 days then a 'dispute' exists and a surveyor or surveyors must be appointed to determine the 'dispute'.

Costs and Fees

The Building Owner will generally pay the costs associated with drawing up the Award, including the Adjoining Owner's surveyor's fees.

The Building Owner also normally pays the costs associated with the proposed work although these could be split with the Adjoining Owner if the work is due to defect or want of repair.

Contact

Please contact us if you would like any advice on your proposed building work, serving Notices or the Party Wall process generally.

Reference Documents

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