Party Wall Act

How to calculate compensation for breaching the party wall act

House prices have now gone through the roof and are likely to keep rising. There is a growing trend of people refurbishing their homes to create further space or additional rooms because they are unable to buy bigger houses. They may wish to construct a loft conversion or a rear extension. It is important to always read over the legislation so that your building works are compliant and your duties are fully discharged, failure to do so could be an expensive oversight.

House prices have now gone through the roof and are likely to keep rising. There is a growing trend of people refurbishing their homes to create further space or additional rooms because they are unable to buy bigger houses. They may wish to construct a loft conversion or a rear extension. It is important to always read over the legislation so that your building works are compliant and your duties are fully discharged, failure to do so could be an expensive oversight.


What is a party wall?
In simple terms, a party wall is a shared wall that usually divides the buildings of two or more owners. However, it is important to note that although the proposed works may not affect a party wall in case of rear extension it may still fall notifiable under the Party Wall etc. Act.

There are two types of classification of party walls, the most common being the shared party wall dividing two or more properties, it also important to note that in the case of flats there are also ‘party floors’ that separate different owners. Where masonry walls separate boundaries between two or more owners there are commonly referred to as Party Fence Walls.

Another type is a wall that stands wholly on one owner's land but has been enclosed on by the adjoining owner. For example, there might be one neighbour who has a structure that leans against a wall that is owned by the other neighbour or has constructed a rear extension and enclosed upon the said wall.

What is the party wall act?
The party wall Act 1996 provides a framework for resolving disputes which are in relation to party walls, boundary walls and excavations near neighbouring buildings. If you are looking to start work on your property, you must discharge your legal responsibility for all works covered under the Act. You must give adjoining owners notice of your intentions that are set down in the Act. The adjoining owners can agree or disagree (dissent) with what is proposed, the neighbour may dissent to the notices in which case a Party Wall agreement dispute is deemed to occur and a Party Wall Award will need to be produced by Surveyor/s. It is important to note that the Act is separate from planning permission and building regulation approval.


Upon completion of the notifiable works, there might be a point in time where you would need to calculate compensation for breaching the party wall act. For example, the works may have damaged the adjoining owner’s property, the surveyor/s may be called upon to value the infringements in an award of damages or compensation.
Essentially there is a sum of money that might have been demanded by the claimant for the Party Wall Act dispute from the building owner. The Party Wall Act compensation is generally resolved by the Surveyor/s that served the Party Wall Award, there are a number of factors that are assessed when calculating redress for damage.


Need help with understanding the compensation for breaching the party wall act? Find out more about party wall act compensation at SevenOne Associates.

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