Party Wall etc. Act 1996 – Service after work has commenced can prove to be futile!

Unless there is damage caused on an Adjoining Owners land, when works are nearing completion, there is little benefit in appointing and paying for surveyors and issuing party wall notification at this point.  This is because the works ‘have already taken place’, (or mostly), so the remaining provisions that can be included in a Party Wall Award, at this late stage, will be extremely limited

Source: https://www.localpartywallsurveyors.com

The requirements of the Party Wall etc. Act 1996 often come as a surprise for those who propose to undertake works to domestic buildings as well as those who propose works to commercial buildings in England and Wales.  Given that the provisions of the Party Wall Act have now been in existence for over 20 years it is equally surprising that there still seems to be a general lack of awareness of the requirements of the Act.  The amount of Building Owners (a term used under the Act to describe the party who is undertaking the work), who choose to ignore the Act, whether through ignorance (which is no defence in law!) or a genuine desire to cut corners to save on time and expense, never ceases to amaze me. If the main purpose of the Act is to prevent and resolve disputes it seems a contradiction in terms that appointments under the Party Wall etc. Act, were usually made when a dispute had already occurred! (at this stage, the dispute was a dispute in general terms and not a Party Wall dispute).

For the purposes of this article I will refer to the domestic client, someone who in most cases (but not all), will have very little construction knowledge and will rely on others to point them in the right direction.  For many in this situation the first port of call may be to contact a Contractor to come a long to give them some initial advice as well as an indication of likely costs, a ball park figure if you like. I can remember several situations where I had been appointed by a Building Owner as Party Wall Surveyor, after works had commenced, where for whatever reason they had been made aware that they should have notified their Adjoining Owners (a term used under the Act to describe the party who is affected the work), but had not been advised of this by their Contractor, who they felt should have brought this to their attention. In my experience however, most builders/contractors have the same lack of knowledge of the Act as anyone else!

Source: Quorum Consulting Engineers

The impact of dealing with the Party Wall Act retrospectively can vary for the Building Owner depending on whether any damage has occurred on the Adjoining Owners land (which is one of the main reasons that brings the Party Wall Act to the attention of the Building Owner), and how advanced the works are.  In the case of damage occurring before party wall notification has been served, an Adjoining Owner may need to rely on common law rights and may seek an injunction in the County Courts to have the works stopped. The Adjoining Owner will not be able to rely on the provisions of the Party Wall Act at this point because the Act has not been initiated, which only happens when notification is served.

In the situation where works are well advanced and sometimes nearing completion, it is worth thinking about the benefits of a retrospective notification and a retrospective Party Wall Award (sets out the terms and conditions for the proposed works, including costs/fees).  One of the key reasons for the introduction of the Party Wall Act was to enable Building Owners to undertake work and give Adjoining Owners confidence that the works would be carried out in an appropriate manner and any damages caused on the Adjoining Owners land, in respect of the notifiable work would be rectified. Unless there is damage caused on an Adjoining Owners land, when works are nearing completion, there is little benefit in appointing and paying for surveyors and issuing party wall notification at this point.  This is because the works ‘have already taken place’, (or mostly), so the remaining provisions that can be included in a Party Wall Award, at this late stage, will be extremely limited.  An Adjoining Owner should not be given the impression that they can solely use the provisions of the Act as a way of disrupting the Building Owner and making them occur excessive expense (the Act also provides for the Building Owner to meet the reasonable fees of an Adjoining Owners Surveyor, if appointed), unless of course damage has occurred as a result of any works that may be notifiable.

If it is realised that a Building Owner has failed to serve Party Wall notification and works have been completed and an Adjoining Owner is not satisfied with the standard or quality of the works then they can scrutinise Building Regulations and Planning Permission requirements to check that these have been complied with and also consider areas of common law such as negligence, nuisance and trespass etc, if they have suffered damage or disruption. I have previously been approached by a number of people in this very situation where they have been told to insist that their neighbour issues retrospective Party Wall notification.  For the reasons explained above, this is a pointless exercise and very poor advice. Once works are complete an Adjoining Owner should seek a common law remedy if they feel they have a justified grievance with their neighbour. They cannot rely on the provisions of an Act that has not been initiated in the first place! 

It is worth noting that for the purposes of this article I have used the terms Building Owner and Adjoining Owner throughout.  Whereas these roles only exist once the Party Wall Act is initiated through the service of notices, these terms have been used to explain the relationship between those who may have work undertaken and those who may be affected by these works.

Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.

Party Wall etc. Act 1996 – Much more than just Party Walls!

It is easy to see how the Party Wall etc. Act can be mis-interpreted, particularly by members of the public, just by the nature of its title.  For those who work in the property professions and interact with the Act on a regular basis there will be generally less confusion, however in my experience this is not always the case!

Source: tayrosshomes.com

Although there is a lot of information available about the Party Wall etc. Act 1996 (the Act), and its implications, it appears that there is equally as much mis-understanding or even ignorance about the Act, particularly from members of the public in relation to if and when the Act may apply.  Awareness of statutory approvals such as Planning Permission and Building Regulations approval seems to be improving, however, the existence let alone the requirements of the Act, often comes as a complete surprise to many.

If you are proposing certain types of work on your land or to your property then you may be required to ‘notify’ your neighbour under the Act. It is worth pointing out at this point that the requirements and procedures within the Act are completely separate to other statutory permissions such as Building Regulations and Planning Permission.  On a number of occasions I have been informed by householders that they were either not made aware of the requirements of the Act by their advisors or that they thought that they had obtained all of the relevant permissions because they had Planning and Building Regulations Approvals, which is completely incorrect.

If you are proposing any work to your land or property it is worth undertaking a little research to establish if the work falls under the scope of the Act and therefore will require notification to your neighbour/s (referred to as Adjoining Owners under the Act).  As you would expect, I would always advise you to seek professional advice to confirm whether notification under the Act is required and if so to also guide you through the process, however, nowadays, with the raft of information available on-line, there is no reason why you shouldn’t undertake your own research in the first instance to give you a better understanding of the Act. The Ministry of Housing, Communities & Local Government (formally the Department for Communities and Local Government) have produced an excellent explanatory booklet, which explains the Act in a clear understandable manner and is a really good starting point, particularly for those with little or no knowledge of the Act. You will find a copy of the booklet by clicking on this (link).

You may be surprised by the range of different types of work that are notifiable under the Act, which you will see are not just restricted to a party wall itself. The Ministry of Housing, Communities & Local Government’s booklet defines a party wall as, ‘a wall is a "party wall" if it stands astride the boundary of land belonging to two (or more) different owner’. The booklet then provides some illustrations to demonstrate this point. It is interesting to note that the definition of a party wall is not just restricted to a wall inside a building, but can also relate to external walls also, such as boundary walls. The Act uses the term ‘Party Fence Walls’ to describe walls that are not part of an actual building itself, however may still require notification under the Act for works to, or in close proximity to them.

Source:My property guide

The term ‘etc’ in the title of the Act is also significant. Three innocent little letters (etc.), however the implications of the term denote that the scope of the Act is much wider than just Party Walls. In fact some works that require excavations near neighbouring buildings may also require notification under the Act. Section 6 of the Act requires notification of excavations within 3 metres or within 6 metres of a neighbours building or structure based upon the following criteria:

‘excavate, or excavate and construct foundations for a new building or structure, within 3 metres of a neighbouring owner’s building or structure, where that work will go deeper than the neighbour’s foundations;

or excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of a neighbouring owner’s building or structure, where that work will cut a line drawn downwards at 45° from the bottom of the neighbour’s foundations’

The six metre ‘rule’ is a little more complicated to understand (see the diagram below) than the three metre ‘rule’ and usually relates to deeper excavations such as piled foundations and the like. It is also worth noting that the six metre rule can affect more than one adjoining owner, depending upon the depth of excavation and the proximity of adjacent buildings and structures. In order to establish how many adjoining owners may be affected in any instance by the six metre ‘rule’ it will be necessary to take measurements and produce a section drawing which will detail the depth of the proposed excavation and the location and proximity of adjacent structures and buildings. Professional expertise is highly likely to be needed to take measurements and to produce a section drawings to establish if and how many adjoining owners will be affected.

Source: My property guide

Another term used within the Act is ‘Party Structure’. This again suggests that the Act does not relate exclusively to party walls. In fact there are a number of notices that may be issued under the Act, one of which is a Party Structure Notice. The reason the notice is not entitled a Party Wall Notice, is that this would be misleading and not account for any works other those to Party Walls. Party structures are generally defined as dividing structures such as floors and other partitions, however it is very rare that these structures are subject to party wall notification.

In summary it is easy to see how the Party Wall etc. Act can be mis-interpreted, particularly by members of the public, just by the nature of its title. For those who work in the property professions and interact with the Act on a regular basis there will be generally less confusion, however in my experience this is not always the case!  As notification under the Act may be required for a whole range of different types of work, as defined in section 1, 2 & 6 of the Act. All construction professionals, regardless of discipline should have a good understanding of the Act including its procedures.

In my next article I discuss retrospective party wall notification and in future articles I will consider different types of notifiable works in more detail, as well as tackle the thorny issue of fees under the Act.


Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read thecopyright notice at the end of the blog.

The Romans - The Original Master Builders - Part 2

I doubt that the modern buildings that we are constructing today will leave a similar legacy to that of the Romans. If we could make the same positive impact that the Romans made to the built environment then we will leave behind a similar positive lasting legacy for our future generations

A Roman Hypocaust - Source: www.pages.drexel.edu

In my last article I demonstrated how the Roman occupation of the UK left a lasting impression on our built environment and how the introduction of new building techniques allowed larger, bolder buildings to appear, the like of which had never been seen before in the UK. I also explained that the location of towns and cities was carefully planned to make optimum use of the natural resources available in a particular location, and how gravity was used to provide fresh flowing water into towns and cities often using lead pipes, sometimes over great distances incorporating aqueducts which make use of masonry constructed arches. For the rich and important in Roman society their homes and other buildings became status symbols. The size of the building, the inclusion of mosaics and painted plastered walls, under floor heating and fresh running water would demonstrate how rich and powerful the occupant was.  

Larger Roman houses were designed around a central atrium. You can see from the image that a Roman atrium would have no roof and would therefore be open to the elements. A recess or trough would be built into floor which would collect rainwater, which would be used for many different things including drinking and washing. You could say that this is an early form of rainwater harvesting! something that is becoming increasingly popular today. Various rooms would then be designed directly off the atrium for which the amount and use of the rooms would depend on the size and status of the building. Larger Villas/houses would incorporate a second atrium, something referred to as a Peristylium, which would include a garden area and would also be designed to have rooms access directly off it. The orientation of the building would be designed so that Peristylium would be able to catch as much sun as possible, however for comfort, in warm weather the courtyard would also incorporate trees to provide much needed shade. 

A Peristylium - Source:The Desert Sun

If you ever watch programmes such as Time Team (for those who do not know, this is a TV programme where Archaeologists, Geo-Technical Engineers and Historians have three days to unearth and re-construct a particular building/structure), you will see that there is always a great deal of excitement when they suspect they have unearthed a mosaic. The reason for the excitement is because this will often tell the Archaeologists that they have found a significant or high-status building. Mosaics were usually constructed within floors however wall mosaics were also used.  Making an elaborate mosaic was a task that would require the skills of a master mosaic craftsman would set out the picture/design while others would complete the actual work of making the mosaic. Small pieces of stone or clay would be used to create the image of the mosaic which would often depict a historical event, have a cultural or spiritual meaning, possibly depict an animal or even be an elaborate geometric design. Some of the best examples of Roman mosaics in the UK can be seen at Fishbourne Palace in West Sussex where Archaeologists discovered a number of elaborate mosaics which they have dated back to AD75 – 80, making them the oldest discovered mosaics in the UK. The mosaics at Fishbourne Palace provide a good insight into the skill that would have been necessary (to design and construct), remember over nearly 2000 years ago, to produce such elaborate designs. 

Arguably, one of the most innovative ‘inventions’ that was introduced by the Romans was under floor heating. It is staggering to believe that this would have been possible at the time however palaces, bath houses and high status buildings would often incorporate under floor heating, which was provided by a system know as a hypocaust. A hypocaust comprised a raised floor which would typically incorporate a two foot (600mm), void underneath. The void would be created by the stone floor surface being supported off pedestals (small columns). Heat would then be introduced into the void by a furnace, where a person (usually a slave) would ensure that a fire was continually burning.  As the heat would built in the floor void the stones forming the floor surface would start to absorb this heat, which through conduction would eventually increase the temperature at the floor surface, this would heat the rest of the room as well as the floor. Furnaces were reasonably large and therefore took up a lot of space so the Romans usually designed these to be out of sight and therefore located them in an adjoining room.  

The Romans were so ingenious they even thought about ventilation!  As you would image the furnaces used for the under floor heating system would also create a lot of smoke/fumes, which needed to be directed away from the internal spaces. The Romans dealt with this by building spaces into walls, known as flues, to provide a safe path for escaping smoke and fumes. Excavations at Ashtead Villa in Surrey revealed that the Romans used box flues to vent hypocaust systems. ‘Box-flues are hollow box-like tiles set into walls to allow hot air from an under floor hypocaust to heat the room walls’  Source: www.thenovium.org

Roman hollow box tiles - Source: http://www.thenovium.org

There is no doubt that Roman Architecture and Roman Engineering was well ahead of its time, evidenced by the vast array of buildings and structures that still exist today in many parts of the World. Within this and my previous article I have briefly discussed a small number of Roman techniques such as rainwater harvesting, the use of mortar, the use of arches, under floor heating, ventilation etc. for which although technology has developed, these are still used extensively today. I doubt that the modern buildings that we are building today will leave a similar legacy. If the earth still exists in 2000 years (a completely separate discussion!), what conclusions will the people of that time draw about us and the built environment we are creating now? If we can make the same positive impact that the Romans made to the built environment then we will leave behind a similar positive lasting legacy for our future generations. I suspect however that very little of the World we are creating today will remain compared proportionally to the amount of Roman remains that exist today. This really tells its own story. If I am around in 2000 years I will be more than happy to be proved wrong!

Author: Gary O’Neill

Please feel free to share this article and other articles on this site with colleagues, friends and family who you think would be interested

Information/opinions posted on this site are the personal views of the author and should not be relied upon by any person or any third party without first seeking further professional advice. Also, please scroll down and read the copyright notice at the end of the blog.