Damp Information

Part Wall Act 1996

In circumstances where a party wall is to be the subject of damp proofing, it is now a legal requirement under section 2 of the above act that the property owner (a freehold owner, leaseholder, or other similar interested party) serves a written notice to the adjoining owner in strict conformity to the requirements of the above described act, at least two months prior to the commencement of the work.  The notice format is somewhat complex and, in this respect, it is recommended that professional advice is sought.  The neighbouring party may consent to the works (such consent must be in writing) and thus, there is no legal requirement to communicate any further with the neighbouring party with respect to the works.

If the neighbouring party disputes the work proposal or alternatively, does not respond to the notice within 14 days, the property owner is required to appoint a surveyor to administer the provisions of the act.  The neighbouring party similarly is required to appoint a surveyor.  The two appointed surveyors subsequently reach an agreement with respect to how the works are to be executed and indemnities that must be given to the neighbouring parties in the unlikely event of damage being sustained, arising from the works.  A brief survey of the neighbouring property is also undertaken in order to record the condition of the neighbouring property prior to the commencement of work.  The agreement between the appointed surveyors is embodied in a document known as an “Award”.  If the two appointed surveyors cannot agree an award, then a third surveyor will arbitrate accordingly.  Works cannot start until the Award is issued.

If you are contemplating other construction work, including the provision of an extension, including new foundations, insulation of new beams, repairs to a party structure, removal of chimney breasts, etc. you should consult further with a chartered surveyor, since these works are also likely to require service of notice under the Party Wall Act Etc 1996.

If the provisions of the Act are not complied with as defined in the above text, legal action can be commenced by a neighbouring party whether (in the unlikely event), damage has been sustained or not.