Disputes over shared walls in terraced houses are a common source of frustration for homeowners. Resolving these disputes can often feel overwhelming, whether it's disagreements over maintenance, boundary issues, or damages caused by renovation work. Fortunately, clear legal frameworks are in place to help guide you through the process, ensuring your rights are protected and issues are resolved efficiently.
In this article, you will learn:
How to navigate the Party Wall Act 1996
Key steps for resolving maintenance and boundary disputes with your neighbour
Effective ways to handle damage claims caused by neighbouring work
Best practices for preventing future disputes
What Is a Party Wall?
A party wall is a dividing structure shared between two properties, typically in terraced or semi-detached houses. It can include walls that stand on the boundary between two properties or structures like floors between flats. The purpose of these walls is to separate properties while serving a shared function for both homeowners. For example, the walls separating two terraced houses would be considered a party wall.
The Party Wall Act 1996 governs the legal aspects of these walls. The Act aims to prevent disputes that could arise from works affecting shared structures, such as renovations, repairs, or extensions. Under this legislation, property owners planning to carry out work that might affect a party wall must notify their neighbours. The Act outlines specific steps to follow, including serving a party wall notice and appointing a surveyor if disputes arise.
Legal Framework: The Party Wall Act 1996
The Party Wall Act 1996 is designed to help homeowners who share walls with their neighbours carry out building work without causing disputes. This law applies to party walls. The Act ensures that both sides know their rights and responsibilities so that any building work affecting a shared wall is done fairly and with minimal hassle.
What Does the Act Cover?
If you’re planning to make changes to a shared wall, whether it's for an extension, loft conversion, or even structural repairs, you’ll need to inform your neighbour. This is done by serving a Party Wall Notice, which is essentially a heads-up about what you’re planning to do. The notice must be given two months before any work starts.
Some of the work that requires notice includes things like:
Extending a wall higher or deeper (like for a basement).
Cutting into the wall for a beam (like when converting a loft).
Rebuilding or repairing the wall if it’s damaged.
If you don’t give proper notice, your neighbour could take legal action to stop the work until everything is in order.
How Are Disputes Resolved?
If your neighbour isn’t happy with the planned work, this is where the Party Wall Surveyor comes in. Both parties can either agree on one surveyor or appoint separate ones. The surveyor(s) will look into the situation and help both sides come to an agreement, known as a Party Wall Award. This document explains what work will happen, when it will happen, and how any potential damage will be handled.
The goal is to settle everything fairly so that you and your neighbour are protected. If there's still a disagreement, you may need to go to court, but that’s usually a last resort.
Common Disputes and How to Handle Them
Land disputes over shared walls often happen when neighbours don’t fully understand their rights or responsibilities. These disagreements can be stressful, whether it’s about who’s in charge of repairs or if one side feels their property is being affected. Here’s a breakdown of the most common issues and how to deal with them.
Disagreements Over Maintenance: One of the most common arguments is about who should take care of repairs or maintenance on the shared wall. Generally, both neighbours are equally responsible unless your property documents say otherwise. The best way to handle this is to discuss things with your neighbour. Discuss any work that needs doing before it becomes a bigger problem, and agree on how you’ll share the costs.
Encroachment or Damage: If your neighbour is doing some work on the shared wall, and it causes damage to your property (like cracks or other issues), you’re entitled to claim compensation. In many cases, a Party Wall Surveyor can be brought in to assess the damage and decide what needs to be done. They’ll determine who’s responsible and how the damage will be fixed.
Boundary Disputes: These happen when there’s confusion over where one property ends and the other begins. This can become an issue if one homeowner wants to make changes that might affect the boundary, such as building an extension or even just putting up a fence. If the boundary isn’t clear, you must check your property deeds or Land Registry documents to confirm it. A surveyor can also help resolve any disputes about where the boundary lies.
Unauthorised Work: Sometimes, work begins without proper notice, violating the Party Wall Act 1996. If your neighbour starts construction without notifying you, you can take legal action and stop the work. It’s always best to give proper notice before work starts to avoid these legal problems.
Best Practices for Preventing Disputes
Avoiding disputes over shared walls often involves clear communication and careful planning. Here are some best practices to help you prevent conflicts before they escalate:
Communicate Early and Often: Open communication with your neighbour is the most effective way to prevent disputes. Tell your neighbour about any upcoming work as early as possible, and be clear about how it might impact their property. Discussing your plans upfront allows you to address concerns before they become bigger issues.
Serve Proper Notice: Make sure you serve a Party Wall Notice well in advance (at least two months before you plan to start work). This is not only required by law but also gives your neighbour time to prepare and respond. Serving the notice correctly shows respect for your neighbour's rights and helps to maintain a cooperative relationship.
Hire a Qualified Surveyor: If there are any concerns or disputes, it’s a good idea to involve a Party Wall Surveyor early on. They can help assess the situation and create a fair agreement for both parties. Hiring a qualified and experienced surveyor can prevent conflicts from escalating and ensure the work is done under the law.
Seek Legal Advice When Necessary: If initial discussions don’t resolve a dispute, seeking legal advice early on can prevent the situation from escalating. A property lawyer can help explain your rights under the Party Wall Act 1996 and provide guidance on the next steps. They can also help draft formal agreements, ensuring both sides know their obligations. Getting legal support can often save time and money by avoiding prolonged disagreements or court battles.
Legal and Regulatory Considerations
The following are regulatory considerations for homeowners with a shared wall. They outline homeowners' rights and the procedure for handling disputes relating to party walls.
Party Wall Act 1996: This is the central legislation governing party wall construction, maintenance, and disputes. According to the Act, here are the steps involved in managing a party wall and resolving disputes:
Issuing a two-month notice must precede any work on the party wall.
The neighbour who receives the two months may issue a counter notice stating reservations (if any) and the amount of work such neighbour agrees should be done on the party wall. This notice must be issued for one month.
Where a dispute arises, the parties must come together to appoint a party wall surveyor. The surveyor would review the parties' conflicting interests and create a win-win agreement.
The matter may proceed to court if the surveyor cannot resolve the dispute.
If a neighbour fails to issue notice, and the work done on the party wall affects the other neighbour, the Act provides that:
The errant neighbour must compensate the affected neighbour, including paying for damages and repairing the affected area of the party wall.
According to the Act, neighbours sharing a party wall have the following rights:
Right to repair, reconstruct, alter, or demolish a party wall
Right to enter an adjoining premises to carry out agreed work on the party wall
Right to enjoy easements such as natural lights, right of way, drainage, structural support, airflow etc.
Mediation and Legal Action: According to the Act and standard practice, parties must first attempt to resolve the disputes through mediation. Mediation may offer a cost-effective solution if disputes cannot be resolved through direct communication or with surveyors. Only where all alternative dispute resolution mechanisms fail can the court intervene to issue mandatory orders concerning the wall's maintenance, repair, or reconstruction.
FAQs
What should I do if my neighbour starts work on a shared wall without notifying me?
If your neighbour begins construction on a shared wall without serving the required notice, this violates the Party Wall Act 1996. In this situation, you can request that the work be paused until proper notice is given, or you can take legal action if needed. The first step should be communicating directly with your neighbour and reminding them to follow the Act.
How do I resolve a dispute over damage caused by my neighbour’s renovations?
If your neighbour’s renovations have caused damage to your property, you can seek compensation. The Party Wall Award typically includes a schedule of the property's condition before the work starts, which is useful in such cases. If no agreement can be reached, you may need to bring in a Party Wall Surveyor to assess the damage and help resolve the dispute.
Can I prevent my neighbour from making changes to a party wall?
You can’t outright prevent your neighbour from working on a party wall if they follow the procedures in the Party Wall Act. However, if you have concerns about the work, you can appoint a surveyor and negotiate changes to the plan or even object to parts of it if they could negatively affect your property.
Who pays for repairs to a shared wall?
Both parties are typically responsible for shared wall repairs. If the damage to the wall is due to one party’s construction work, that party is generally responsible for covering the cost of repairs. However, the cost is usually split equally between the neighbours if it’s a case of normal wear and tear.
What happens if my neighbour refuses to cooperate with a party wall agreement?
If your neighbour refuses to cooperate, it’s considered a dispute under the Party Wall Act. In this case, a Party Wall Surveyor will be appointed to mediate the situation. If your neighbour still refuses, the matter can escalate to a legal dispute, and the court may get involved to enforce the Party Wall Award.
Conclusion
Legal advice can make all the difference in planning renovations or dealing with boundary or damage disputes. Lawhive’s team of experienced property law professionals is here to guide you through the complexities of the Party Wall Act and help resolve any issues efficiently.
If you’re dealing with a shared wall issue or simply want to avoid future conflicts, contact Lawhive today. Our team offers expert, straightforward advice tailored to your specific situation, ensuring your rights are protected every step of the way. Contact us today to get started and schedule your consultation.