Can a Neighbour refuse a Party Wall Agreement?

If you want to carry out building work in an area that has shared boundaries with neighbours, there are clearly defined rules under the Party Wall etc.,Act 1996 that you will need to follow.

The most important obligation you have is to serve notice to any adjoining owner. This needs to be done well before any work commences and your neighbour will need to agree to the work being carried out. If there is a dispute or the adjoining neighbours decline to provide a written consent, a dispute is deemed to have arisen, and then a party wall surveyor will have to be engaged.

What is a Party Wall?

A party wall is a wall that stands on the land of two different Owners, to a greater extent than just a footing below ground different building owners. It is a shared structure that can either be part of a building or something like a masonry garden wall Properties like semi-detached houses are likely to have a party wall between them.

What is a Party Wall Agreement?

A party wall agreement is an legal document between two parties, where one Owner is desirous of executing rights under the Party Wall etc., Act 1996and it’s designed to lessen the potential for dispute and encourage resolution if there are objections. The Party Wall Award sets out the rights and obligations of both sets of property Owners.

According to the Party Wall etc., Act 1996, you must tell your neighbour about the work that you intend to undertake (which falls within the remit of the Party Wall etc., Act 1996) before that project is begun.

This would be the case, for example, if you were planning to build on the boundary, carry out repairs or work on an existing party structure or you wanted to carry out excavation work or digging in the general area, within specific horizontal distances from a neighbouring structure, and to a lower level than the underside of the existing footings to that structure

What are your obligations?

You must tell your neighbour what you plan to do through a formal, written party wall notice. This Notice has to include various information, for it to be a valid Notice. Whilst an ‘Owner’ desirous of carrying out works under the Party Wall Act can draft and serve a Notice themselves, some Owners may ask a Party Wall Surveyor to do so.

You do not need to inform the owner of an adjoining building if you are carrying out minor works to a party wall  such replacing electrical wires in pre – existing chases or conduits or putting up structures such as shelves.

You need to give your neighbour a minimum of 2 months' notice, in writing, before you carry out the work. You can also discuss any changes to the intended scope of Party Wall Act related works with them before this.

The short answer is yes. There are a number of responses a recipient of a Party Wall Notice might have:

• They may outright refuse to give their consent for work to be carried out. This is known as a ‘dissent.’
• They might agree to the work and sign it off so you can get started, with those aspects of the work that fall within the remit of the Party Wall Act
• They might consent, but subject to the instigator of the Building works funding a Schedule of Condition of the Adjoining Owner’s property. This protects both sets of Owner’s interests.
• They may not reply, or respond to any written correspondence.
• They might ask for changes to the work you are carrying out or even ask for additional work to be undertaken at the same time.

If you can’t agree, the dispute resolution process normally involves hiring the services of a party wall surveyor, or Surveyors (one for each Owner). Their job is to take an impartial look at the Building Owner’sproposals, and what is reasonable, having regard to how the Party Wall Act is worded

Let’s say you want to replace a stone wall with a brick wall. The adjoining building owner may well refuse consent because they think that the aesthetic appeal of a stone wall is better than a new brick wall. This is what the neighbour might think isperfectly legitimate reason to refuse consent, if they are served a Notice detailing such works. The Party Wall Surveyor(s) would resolve the matters that are in dispute between the relevant Owners, insofar as those matters relate to the Party Wall Act

Let’s say you’re repairing a stone wall. The adjoining owners may well agree to the repair but might issue a counter notice that you need to use traditional mortar that combines cement, sand and lime.

When do you need to hire a party wall surveyor?

The dispute resolution process when it comes to party walls will depend on what the disagreement is. If it simply relates to some parts of the building work or changes that can be altered, then you may be able to reach an agreement with the relevant Owners, in writing, without Party Wall Surveyors being instructed..

If there are more unresolvable differences that are likely to affect the work you want to carry out or could stop it completely, then you will need to hire the services of a Party Wall Surveyor. Just because the adjoining owner is disputing your proposal does not mean it can’t go ahead. The party wall surveyor will look at the plan independently and decide what both parties will need to abide by.

You can appoint a party wall surveyor yourself, together with the neighbour (known as an Agreed Surveyor).

You can also appoint a Surveyor on the recipient of the Notices behalf, in certain circumstances, in the event that no response is received to a Party Wall Notice, and follow up letters. It’s not unusual if there is a ‘dispute’ for both sides to hire their own wall surveyor.

The party wall award is a legal document which sets out the work that should happen, how it is carried out and when as well as how much is to be paid and who needs to pay.