Rights and Obligations Under the Party Wall Act

What This Requirement Covers

The Party Wall etc. Act 1996 creates a framework of rights and obligations that balances the building owner's right to carry out work with the adjoining owner's right to protection from damage and disruption.

Key Requirements

Building Owner's Rights

1. The right to carry out notifiable work (new walls on the boundary, work to party walls, excavation near neighbouring buildings) provided proper notice is given
2. The right to enter the adjoining owner's property to carry out the work (with 14 days' notice and at reasonable times)
3. The right to appoint a surveyor to act on their behalf in the event of a dispute
4. The right to carry out the work in accordance with the Party Wall Award

Building Owner's Obligations

1. Must serve the correct notice
   1. before starting work
   2. Must carry out the work in accordance with the Party Wall Award (if one is made)
   3. Must compensate the adjoining owner for any loss or damage caused by the work
   4. Must make good any damage caused to the adjoining owner's property
   5. Must pay the reasonable costs of the adjoining owner's surveyor (in most cases)
   6. Must not cause unnecessary inconvenience to the adjoining owner

Adjoining Owner's Rights

1. The right to receive proper notice of the proposed work
2. The right to consent to or dissent from the proposed work
3. The right to appoint a surveyor to act on their behalf (at the building owner's expense)
4. The right to compensation for any loss or damage caused by the work
5. The right to a schedule of condition of their property before work begins
6. The right to appeal a Party Wall Award to the County Court within 14 days

Adjoining Owner's Obligations

1. Must respond to the notice within 14 days (or a dispute is deemed to have arisen)
2. Must allow reasonable access for the surveyor
3. to inspect their property
• Must allow reasonable access for the building owner to carry out work authorised by the Award
• Must not unreasonably obstruct the building work

Practical Compliance Tips

1. Serve notices well in advance of the planned start date to allow time for the process
2. If the adjoining owner consents, obtain written confirmation and proceed (no surveyor appointment is needed)
3. If a dispute arises, appoint a party wall surveyor who is experienced and independent
4. Cooperate with the surveyor process; unreasonable obstruction by either party can be addressed by the court
5. Keep records of all notices, correspondence, awards, and schedules of condition
6. If damage occurs during the work, notify the adjoining owner and the surveyor immediately
7. The Act provides a dispute resolution framework; try to resolve issues through the surveyor process before resorting to court action