Risk to neighbours when carrying out building work is central to the Party Wall etc. Act 1996. However, many people don’t realise that it is not always necessary to serve a Party Wall Notice when the Party Wall Act says so (see https://bandsc.co.uk/is-it-always-necessary-to-issue-a-party-wall-notice-when-the-party-wall-act-says-so/). It actually depends to some extent on the level of risk that the proposed work poses to the adjacent owner’s property.
There is a legal principle known as “de minimis” which (when applicable) means that the matter is too insignificant for the Act to apply, so there is justification for not serving a Party Wall Notice. The Government’s Explanatory Booklet about the Act identifies some small building tasks that would usually be regarded as de minimis (too insignificant for the law to apply), such as;
- drilling into a party wall to fix plugs and screws for ordinary wall units or shelving
- cutting into a party wall to add or replace recessed electric wiring and sockets
- removing old plaster and replastering
But but these are just 3 common examples, there are many more;
- Adjacent Excavations, – it is all too common to find that building owners are advised they must serve a Notice if they are excavating within 3m of their neighbour’s property and to a greater depth. Such excavations are sometimes considered “de minimis”, so it is unnecessary to trigger the Party Wall Act by serving Notice.
- Neighbouring flats – how many flats do you need to serve Notice on? Almost certainly not all of them (though you might be told that you must) – it depends on the level of risk.
Even when the risk is on the face of it significant enough for the Act to apply, the risk can sometimes be reduced or “designed out” by some simple structural redesign. We can suggest some if appropriate.
Where a Notice does need to be served, if the risk is still low, there are good reasons why a neighbour might be happy to consent to the Notice. They would still enjoy the protection of the Act, and they can stipulate conditions to their consent if they wish to – this is often referred to as an informal party wall agreement (as opposed to a formal Award made by independent surveyors). The informal agreement between the neighbours does not have to be in any specific format – it can simply be some conditions written on the consent form, or could even be verbal (though we would advise something written to avoid any misunderstandings). In the event of a dispute arising later, the neighbour retains the right to appoint a surveyor at that stage to sort it out. See our advice to neighbours page (see https://bandsc.co.uk/what-should-you-do-upon-receipt-of-a-party-wall-notice/).
Party Wall Surveyors’ fees (which often exceed £1,000) can often be saved by having a risk assessment carried out by a competent independent expert. With a written advice explaining why the risk is low enough for the matter to fall within the de minimis principle, you may proceed without serving Notice and should your neighbour raise a query, you can show the letter to justify your decision. If a Notice does need to be served, then we would also advise on whether the risk is low enough for consent to be the most appropriate response, and whether the circumstances are such that the neighbour might need to fund some or all of the cost of their own separate surveyor (should they choose to appoint one).
We offer Risk & Applicability Assessments (including written advice) for £270 based upon an assessment of the drawings or discussion with you over the extent of the proposals, desk study (ie satellite and street view images on line, checking records of the likely geology in the area if appropriate) and sometimes also a video call with you to check on what exists at the boundary. Our experts are members of the Faculty of Party Wall Surveyors – structural engineers, building surveyors and other appropriately experienced consultants who understand the risks and can advise you without bias.