It is a made up fact that Roger Waters wrote Pink Floyd’s infamous hit following a particularly messy dispute with his neighbour over the construction of a conservatory. Also by way of local connection and colour the children’s choir that featured on the record was from the now defunct Islington Green School, the fact they were not paid royalties for their performance gave rise to another dispute that is irrelevant for these purposes.

Where any work is being carried out to a “Party Wall” you will need to ensure that the provisions of the Party Wall etc Act 1996 are complied with if you want to avoid expensive and time consuming disputes such as that involving Roger Waters and his neighbour.

What is a Party Wall

Simply stated a Party Wall is a wall standing on the land of two owners or however much of a wall that separates the buildings of two owners. In most terraced and semi-detached houses and in many flats the party walls will be the walls that separate your property from that of your neighbours.

What work will require an award

Whilst de minimus inference with the party wall such as putting up pictures or shelves will not invoke the Act anything more substantial, such as rebuilding or raising the wall certainly will. It is often overlooked but work to be carried out to a wall dividing two gardens and also excavations within 3 to 6 metres of an adjoining building may also invoke the Act.

What should you do?

Approximately 3 to 4 months before you intend to commence works you should take advice from a Party Wall Surveyor as to whether the intended works will invoke the Act. If they do it is worth asking the surveyor to prepare the initial notice as failure to include all necessary information can invalidate it.

What happens next?

Your neighbour can consent to the works in which case you can proceed or; they may dissent, in which case you are in dispute or; they can do nothing, in which case you are in dispute.

What happens if there is a dispute?

The parties may agree to the appointment of an “agreed” surveyor who will act for both parties in the preparation of a Party Wall Award. This is clearly the preferable course of action in all but the most complicated matters. Alternatively the parties may appoint their own surveyors who will try and agree an Award between them. In the absence of agreement the matter is referred to a third surveyor. By the time that this has happened it is likely that you will have no funds left to complete the proposed works.

What does the Award deal with?

The Party Wall Award will contain amongst other things provisions relating to the conduct of the work and, most importantly, a schedule of condition of your neighbours property. The schedule of condition serves to protect both parties in the event that the works cause or are alleged to have caused damage to the neighbours property.

What should I do if my neighbour has commenced works to the Party Wall with serving me with notice?

In the first instance you could inform your neighbour politely that they should really cease working until a Party Wall Notice has been served and consent given or an Award made. Failing that you can obtain an injunction to prevent further work until the terms of the Act have been complied with.

The moral of this story? Unless you are a wealthy rock star obtain proper advice in good time before you intend to commence any work to a Party Wall.