Party Walls

Until 1996, the provisions of the London Building Acts (Amendment) Act 1939 regulating the rights and obligations of adjoining owners of property were really only of concern to those seeking to carry out works in London. However, the coming into force of the Party Wall etc. Act 1996 on 1st July 1997 (‘the 1996 Act’) extended those provisions (with minimal revisions) to the whole of England and Wales.

The 1996 Act contains provisions regulating:

the construction and repair of party walls and party fence walls on the line of the junction between the lands of adjoining owners
the excavation and erection of a building or structure which will, within three metres, extend to a lower level than the foundations of an adjoining building or structure
the excavation and erection of a building or structure which will, within six metres, meet a plane drawn downwards in the direction of the excavation, building or structure at an angle of forty five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of an adjoining structure with the plane of the external face of the external wall of the adjoining structure.

The legislation provides procedures for avoiding and resolving disputes, commencing with the service of notices and leading ultimately, if necessary, to an award by party wall surveyors appointed by or on behalf of the parties, with or without the assistance of a third surveyor to resolve differences. An award can be challenged in the courts.

The appointment of a party wall surveyor is a necessary step in the planning of any city centre redevelopment project, as failure to comply with the procedure in obtaining an award may delay commencement of work on site and in extreme cases can lead to an injunction preventing the carrying out of the intended work.

Members of Keating Chambers advise and act in relation to party wall matters of all sizes, from domestic neighbour disputes to large scale commercial developments. Today, the experience previously gained over many years in London under the old legislation is applied to disputes all over the country under the 1996 Act.

The following are examples of current and recent instructions in Party Wall matters:

Representation in a party wall dispute concerning the time for appealing to the court (scheduled for hearing by the Court of Appeal)
Advice on chimney in party wall with cracks, causing smoke ingress to adjoining property
Party wall dispute in Nottingham
Party wall dispute relating to land in Brynmawr
Advice to Housing Association concerning party wall and other legal implications of collapsed building
Advice on obligation to reinstate support and ensure weatherproofing of party wall following demolition of adjoining house in London.

Members of Keating Chambers have extensive experience of party wall matters. The title ‘Party Walls’ in the RICS Case in Point Series (RICS Books 2004) was written by Sarah Hannaford and Jessica Stephens who have particular expertise in the field, and several members of Chambers actually specialise in party wall cases.

Advice is available to owners undertaking construction work, adjoining owners and party wall surveyors themselves, on the Act and its interpretation. Surveyors appointed as ‘third surveyor’ and indeed the Pyramus and Thisbe Club, the specialist party wall surveyors organisation, have sought advice from Keating Chambers counsel.

Chambers prides itself on being able to provide a swift response to party wall questions, especially important when time limits are pressing. Where necessary, representation can be provided for applications to the court and barristers from Keating Chambers have been involved in all aspects of court work relating to party walls, from obtaining and resisting injunctions against the carrying out of works, to appeals against awards, actions to enforce payment of the party wall surveyor’s fees and actions relating to the claiming of compensation and costs.

Further Information
For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.