Why Building Owners Should Embrace the Party Wall Act

Some building owners dislike the Party Wall Act intensely. They see it as an unnecessary layer of red tape they must navigate before improving their home or a gravy train for unscrupulous surveyors. This is despite the original purpose of the Act being to facilitate building works by providing a whole series of rights to owners that they would not otherwise enjoy.

If you’re a building owner, I’d suggest that you put your preconceptions aside and embrace the Act. Let’s consider some of the benefits that it provides:

Party Structures

Under the Act, you have the right to do pretty much anything that you wish to a party structure – that includes increasing its height, underpinning it, cutting into it and totally demolishing and re-building it.

Let’s take a simple example, if you are extending to the rear of your house and the gardens are divided by a shared wall (known as “party fence wall”) you have the right to demolish that wall and build the flank wall of your extension in its place. If there are party fence walls on both sides, that could make your extension up to 0.5m wider. That extra space is a lot more valuable than the party wall fees you’re likely to pay.

Rights of Access

To ease construction, the Act provides all necessary rights of access over your neighbour’s land to undertake the works. They are entitled to compensation but that is limited to actual losses incurred (which for most residential extensions will be zero).

Without the Act, you’d either have to try and complete the work from your own side, building walls overhand etc., or agree an access licence that would be at your neighbour’s discretion (meaning that they can charge whatever they like).

Schedule of Condition

Recording the condition of the parts of your neighbour’s property that are at risk from the proposed works is not a right under the Act (in fact, it’s not even referenced in the Act), but it is considered good practice and will therefore be recommended by the surveyors, even if your neighbour consents to the notice(s).

Having a record of your neighbour’s property on file will be very useful should there be a damage claim either during of following the works. Adjoining owners take much more notice of the condition of their property when building works are in progress next door and often assume that any cracks they see are new.

Dispute Resolution

If the schedule of condition confirms that your neighbour’s property has been damaged by the works, there is still plenty of scope for disagreement over the reasonable costs of making that damage good. Where works are within the scope of the Act, any dispute must be determined by appointed surveyor(s) rather than costly legal proceedings. Most surveyors will start by trying to facilitate an agreement without charge.

If you live in the Cambridgeshire of north Essex area and require advice on a party wall matter, you are welcome to contact the author of this post on 01799 543532 or via email.