The Party Wall etc. Act 1996 came into effect on July 1st, 1996 and this act is applicable throughout the England and Wales. This act is supposed to provide a framework in order to prevent or resolve the disputes with regards to the party walls, boundary walls, party structures or excavations near the neighbouring buildings. It is important to remember that this act does not apply to Northern Ireland or Scotland. However, the residents of the England and Wales have to follow this act before starting any type of renovation or construction work. Therefore, it is prudent to be informed regarding the common Party Wall act misconceptions if you want to avoid paying a hefty bill due to not following the correct procedures.
Misconception #1
I need not serve a Party Wall Notice if my neighbour consents to the project.
Your neighbour may not have any disagreement with a construction/renovation project. However, he/she cannot provide a consent to the project until a Party Wall Notice has been served. Therefore, you have to serve a notice irrespective of the decision of your neighbour. They have 14 days (from the day when the notice was delivered) to confirm their consent in writing. The written consent makes sure that the rights of the adjoining owners remain unaffected if any damage occurs or if they want to appoint a Party Wall Surveyor in the future.
Misconception #2
An adjoining owner can prevent the neighbours from encroaching over the boundary line.
The owner of a property is allowed to build right up to the boundary line. A project may even extend beyond the boundary line. However, it is essential to notify the neighbour regarding this possibility before starting the project. It is important to remember that an adjoining neighbour has the legal right to cut off the part of a neighbour’s foundation if they want to build an extension in the future. However, the adjoining neighbour needs to serve a notice at that time. It is prudent for the neighbours to come to an agreement in this scenario and to build a wall/structure astride the boundary of an adjoining property.
Misconception #3
The Party Wall Act does not apply since the extension does not go beyond my land.
This is another misconception. The Section-6 of the Party Wall etc. act prohibits you from excavating within 3-6 metres of an adjoining structure/building. The distance from the adjoining structure depends upon the depth of the excavation. Therefore, you have to serve a Party Wall Notice to the adjoining owner even if you dig on your property, as there is a potential risk to the neighbour’s foundation. The distance of an excavation from a neighbour’s foundation may be 3 metres if it has shallow depth. In the event of deep excavations, the minimum distance is supposed to be 6 meters from the adjoining foundation.
Misconception #4
Producing a retrospective award is the most effective way to deal with a neighbour who has started a construction/renovation project without serving a notice.
In reality, it is fruitless to serve a Retrospective Award to the owner of an adjoining property if the majority of the construction work has been completed, as there is no validity for this award. The best course of action in this scenario will be appointing a party wall surveyor who can determine the remedies for the damages to an adjoining property. The dispute needs to be settled in the court if the neighbours cannot come to an agreement regarding a surveyor’s suggestion.
Misconception #5
I am free to start the construction as my neighbour did not reply to the Party Wall Notice.
According to the Section 5 of the Party Wall etc. act, an adjoining neighbour has 14 days to consent to the Party Wall notice. However, it is considered to be a sign of dissent to the proposed project if a neighbour does not consent to the notice. In this scenario, your neighbour is supposed to appoint a party wall surveyor. However, you may appoint a surveyor if the owner of adjoining property fails to appoint a surveyor even after getting a reminder.
Misconception #6
An Adjoining Owner may not permit a property’s owner to complete the project.
According to the Section-8 of Party Wall act, the work access is usually permitted to an owner within 14 days of the notice period; however, it depends upon the nature of the construction project. If a building-owner can show that there is provision for access under the Party Wall Act or there is necessity for a particular construction project, then access is permitted to an owner for a particular project. A building-owner also has the permission to break a fence/door in order to enter a premise in the company of a police officer.