Archive for March, 2012


Friday, March 30th, 2012

Under the Party Wall etc. Act 1996, if your neighbour is proposing to construct an extension and the foundations of the new extension are deeper and within 3m of your foundations, then they are obliged to serve a notice on you to inform you of the works that are to be carried out, when they are to begin and they identify what special measures are to be taken to protect your own buildings.

If you do not agree to the works and respond to the notice within fourteen days, then a dispute is said to have arisen.  At that point, Party Wall Surveyors are appointed by both neighbours, or they can appoint an agreed surveyor to act for both of them.  One of the features of a Party Wall Surveyor is that they must act impartially between the parties.

The Surveyor(s) will prepare and agree on an ‘Award’.  That award will set out the rights and responsibilities of the building owner who is instigating the works.  One of the features of the agreement will be that the building owner(s) will be personally responsible for any damage that subsequently occurs to your building as a result of the works.  This is important to you as the home owner so you are not disadavantaged by any of the works that take place.  The building owner(s) must be adequately insured to cover the cost of any damage that results.

Despite the provisions of  the Party Wall etc Act, in 1996, many building works including extensions proceed without a party wall agreement in place.  The recent partial collapse of a semi detached dwelling in Wolverhampton emphasises the need for a Party Wall Agreement to be in place.

At Edward Jackson, as Chartered Building Surveyors, we have the expertise to advise clients on all matters relating to the Party Wall etc Act 1996.  For further information contact Alastair Sharman at the Southport office.

Contact us on: 

Southport: 01704 546686
Ormskirk: 01695 574787
Liverpool: 0151 531 9566