09/01/2017
Neighbour disputes can be so acrimonious and difficult to resolve that in the case of Wilkinson v Farmer [2010] All ER (D) 217 (Oct), the Court of Appeal felt compelled to state that solicitors have a duty to warn warring neighbours about the downsides of litigating a disagreement, even for the successful party. Taking your row to court can result in significant costs, ruined relations and may result in the property (not to mention the health and wellbeing of the occupants) being damaged beyond repair.
Some of the most vicious disputes can involve party walls. If you live in a semi-detached or terraced house, you will share a wall (or walls) with your neighbour. That wall is known as a party wall. Party walls can also include outside walls built astride a boundary.
The Party Wall Act 1996
To help prevent disputes developing, the Party Wall Act 1996 (the Act) was passed. It sets out a process whereby a building owner wishing to carry out work on a party wall must let the adjoining landowner know by providing written notice two months before starting work, (‘line of junction’ and excavation works only require a notice period of one month). Any structural work affecting the ceiling or floor will need prior permission from anyone living above or below you.
Written permission must be obtained before you begin your renovations. The best approach is to talk to your neighbour in person and explain the work you wish to do and sort out any problems in advance. That way you are likely to get the written agreement you require to do your work.
You cannot force a land owner to provide their written consent, even if the work desperately needs doing for safety reasons.
If your neighbour refuses to agree to the works, or they are an absent landlord and you cannot get hold of them, you will need to apply for an award under the Act.
Dealing with a dispute
If you do not receive a written agreement within 14 days of giving notice, the Act prescribes the disputes resolution process:
If the dispute resolution procedure is triggered, then:
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the owners can agree to appoint an independent agreed surveyor to draw up the award
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if the owners cannot agree on an agreed surveyor, then each can appoint their own surveyor who will draw up the award together. The two surveyors will appoint a third surveyor to decide any disputes between them, should any arise
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the surveyors must act impartially and consider the rights and interests of both owners to arrive at a fair and objective award. They are obligated to carry out their duties according to what the Act says, and not what their respective owner wants
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if the adjoining owner will not cooperate by appointing a surveyor, the building owner’s surveyor will appoint a second surveyor to act on behalf of the adjoining owner and the matter will proceed to the granting of an award which will detail the work to be carried out, when and how it will be done, and who will pay (if this is in dispute).
Damage to your property
If the building owner is carrying out works pursuant to the Act and your property is damaged as a result of those works, the building owner is generally required to compensate you.
It should be noted that the right to compensation is extended to adjoining occupiers, meaning that those who are not actually allowed to participate in the dispute resolution procedure but may nevertheless suffer loss or damage (such as tenants or other residents) are entitled to compensation.
This rule is subject to certain exceptions in the case of works to an existing party wall; for example, compensation is not normally payable where a building owner is carrying out works to a wall that is already in a state of disrepair.
In summary
Party wall disputes do not have to turn into all out warfare with your neighbour. The Party Wall Act 1996 is designed to ensure each party has a clear structure in which to obtain permission and resolve disputes, swiftly and cost-effectively.
Fisher Scoggins Waters are a London based law firm who specialize in construction, manufacturing and engineering law. If you would like more information about party wall disputes and/or your rights under the party Wall Act 1996, please phone us on 0207 993 6960.