The Party Wall etc. Act 1996

The Party Wall Act was introduced in 1996 to improve and manage the relationship between Developers and their neighbours, and to ensure the interests of both parties are protected. As a developer, you will have statutory obligations to fulfil when undertaking certain construction activities adjacent to neighbours to satisfy the requirements of the Party Wall Act. A Developer’s obligations under the Party Wall Act are governed by Statute, in the same way as requirements arising from Planning law or Building Control. It is important for Developer’s to ensure their obligations under the Party Wall Act are met, as failure to do so can leave construction projects subject to delays or significant claims for damages. In addition, at feasibility stage it is important for Developer’s to review and establish what rights might exist under the Party Wall Act, and which may dictate the design and delivery of the building. If designs are developed and progressed through planning and beyond without considering any rights and limitations under the Party Wall Act, Developers run the risk of leaving the delivery of the project subject to the consent and cooperation of the neighbours. These circumstances can ultimately expose Developers to costs and delays, including requirements for redesigns and ultimately re-submission to planning.  

MS Surveyors have extensive specialist experience in working with design teams from project conception through to successful delivery of diverse and complex schemes. Based on our experience of working on the most prominent construction sites in Central London, including the succesful delivery of projects requiring over 100 Party Wall Awards and over 25 affected neighbours, we are ideally placed to guide design teams to identify where designs go beyond the rights that can be achieved under the Party Wall Act, thereby avoiding risks of delays and complications. We pride ourselves on being able to provide bespoke, specific and helpful guidance to design teams that will identify and establish any rights that can be utilised, thereby maximising development opportunity. We would be pleased to discuss your project requirements with you, please do get in touch with a member of the team.​

Neighbourly Matters

Most construction projects that involve works adjacent to neighbouring buildings or land will require a certain level of neighbourly liaison to ensure the smooth delivery of the project. Although the Party Wall Act will trigger engagement with neighbours, there are likely to be elements that involve further liaison beyond the Statutory process, particularly in ‘congested’ London locations where the development intends to maximise the site potential. If Neighbourly Matters are not managed and controlled effectively, Developers run the risk of exposing projects to delays and claims of damages from neighbouring owners and occupiers. Issues that Developers may need to consider in relation to neighbourly matters include easements, rights of way, rights for access for scaffolds and cranes, noise, movement and vibration monitoring.   

MS Surveyors have in excess of 50 years collective specialist experience in dealing with and managing the issues arising from undertaking prominent works within sites enclosed by complex and intricate boundary situations. We can provide specialist advice in relation to boundary reviews, including rights of way, easements and restrictive covenants, as well as assisting with scaffolding access requirements, crane over-sailing and general neighbourly liaison. Our involvement at the early stages of a project will enable the client to identify key risk areas of the project, and to introduce cost effective contingency plans to avoid being held to ransom. We would be pleased to discuss your project requirements with you, please do get in touch with a member of the team.