A local service to help make difficult times easier.
It can be tempting to assume that carrying out work that impacts a shared wall won't cause any issues if you have a good relationship with your neighbours. However, if a neighbour argues that you have caused damage to their property, the situation can rapidly escalate and even result in a legal dispute.
To prevent such problems from arising, our proficient party wall dispute solicitors in Pontypridd, Swansea and Talbot Green are here to assist you. With extensive expertise in handling party wall disputes for both residential and commercial properties, we can swiftly and cost-effectively resolve issues, safeguarding everyone's interests and ensuring the smooth progress of the development.
Discuss your requirements with our Party Wall solicitors in Swansea, Pontypridd and Talbot Green
We provide an opportunity for a complimentary initial consultation to address any queries you may have and assist you in determining if we are the suitable team to support you.
Our party wall dispute solicitors work from three offices in Pontypridd, Swansea and Talbot Green, so we can offer a truly local, convenient service for our clients. We also support clients across South Wales and beyond.
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Our expertise with party wall issues includes:
- Assessing party wall rights and obligations
- Providing expert advice on party wall legislation and requirements
- Assisting with the preparation and service of party wall notices
- Negotiating and resolving disputes between neighbouring property owners
- Offering guidance on party wall agreements and awards
- Representing clients in court, if necessary, for party wall disputes
Our team handles many cases and is ready to offer legal advice regardless of your circumstances. Our solicitors are both approachable and professional, as we are dedicated to reducing your stress during this challenging period. We know well how stressful these situations can be, and our objective is to resolve your issues as amicably as possible.
Our party wall solicitors in Pontypridd, Swansea, and Talbot have many years of experience dealing with these situations and will work diligently to achieve the best possible outcome, no matter your circumstances.
Why use David W Harris & Co.’s party wall dispute services?
Real expertise you can trust
Our team of party wall dispute solicitors comprises highly skilled professionals with a wealth of knowledge and extensive experience assisting clients across South Wales. With our exceptional expertise, you can have complete confidence in our ability to handle even the most complex cases and deliver the desired outcomes you seek.
Convenient, local service
We have established office locations in Pontypridd, Talbot Green, and Swansea, and understand the importance of flexibility. This is why we offer the option of arranging home visits throughout the region. To cater to your preferences and ensure your comfort, we are also happy to conduct our services through various phone, email, or video conferencing channels.
Transparent pricing with no hidden costs
We make certain that all fees are communicated upfront in a clear and unambiguous manner, leaving no room for hidden charges or unforeseen expenses without your prior agreement. This commitment ensures that our clients understand the precise cost of our services, eradicating any unexpected surprises throughout the process.
Commonly asked questions about party wall disputes
What is a party wall dispute?
A party wall is any structure spanning the boundary between two properties. It can take various forms, including:
- Vertical structures, like the wall separating semi-detached houses.
- Horizontal elements, such as the floor of a flat.
- Independent boundary structures that demarcate land from the adjacent property.
Performing any alterations or construction work on a party wall, whether by you or your adjacent neighbour, can potentially give rise to a party wall dispute. For instance, if your neighbour carries out substandard work that impacts the structural integrity of your home, it is understandable that you would be unhappy with this.
The most common type of dispute normally arises when someone undertakes work on a shared wall without obtaining their neighbour’s consent beforehand or when a neighbour refuses to grant permission for proposed construction work. The procedure for resolving these disputes is outlined in the Party Wall Act 1996.
What is the Party Wall Act 1996?
The Party Wall Act 1996 serves as a legal framework aimed at reducing party wall disputes by allowing individuals to modify the entire thickness of a party wall without encroaching on their neighbour’s property. The Act encompasses several key provisions:
- It outlines the types of building work that are permissible or prohibited concerning party walls.
- It mandates that the person undertaking renovations must provide written notice to their neighbours, giving them a two-month period to respond.
- It grants the adjoining owner the right to provide consent or raise objections to the proposed renovations within 14 days of receiving the notice.
- It establishes a dispute resolution procedure wherein an impartial surveyor is appointed to issue an award, similar to a judge's decision in court, which addresses the specific details of the works, timelines, and protective measures required for adjacent properties.
Given the complexity of the Party Wall Act, our team of expert solicitors are able to offer invaluable guidance on party wall matters, ensuring that you adhere to the correct procedures from both sides of the fence. In doing so, we aim to prevent or resolve any party wall disputes that you may be affected by.
What are my rights with a party wall?
The Party Wall Act 1996 grants rights to someone wanting to carry out works on a party wall. It also provides protections for neighbours who share the affected wall.
Anyone wanting to carry out work on a party wall must notify any neighbours who they share the wall with. This must be done in writing and in accordance with the terms of the Party Wall Act. This also applies to works carried out near a party wall.
In general, you must inform the affected neighbours if you are planning to build on or at the property boundary, carry out works on an existing party wall or other party structure, or if you are planning to dig below or near the foundation level of a neighbouring property.
As a neighbour who receives notice of works affecting a party wall, you can either give consent for the works, refuse consent or serve notice that additional works be carried out at the same time (at your expense). You must provide a response within 14 days of receiving properly executed notice from a neighbour about planned works.
What happens if someone breaches a party wall agreement?
Even if you have reached an agreement over works affecting a party wall, disputes can still arise. This typically occurs when one party feels the other has breached the terms of the agreement.
Party wall agreement disputes usually require expert legal intervention as there will be a need to interpret the terms of the agreement and determine whether a breach has occurred. The support of a specialist surveyor may also be required.
What is the 3-metre rule for a party wall?
The ‘3-metre rule’ refers to the fact that any excavations within three meters of a party wall are covered by the Party Wall Act. This means you must notify any affected neighbour if you plan to carry out excavations below the foundation level of their property if those excavations are within three metres of their property.
What happens if a neighbour damages a party wall?
If a neighbour damages a party wall, they will normally be required to put any damage right at their own expense. If there is a dispute over the cause of the damage or the cost of putting it right, you will likely need to seek specialist party wall advice from a qualified surveyor to determine what the outcome should be.
Legal advice should always be sought in relation to party wall claims arising from allegations of damage.
What is the difference between Type A and Type B party walls?
A Type A party wall is one that forms part of a building structure and straddles the boundary between two or more properties.
A Type B party wall is one that is wholly on one person’s property but is relied upon by two or more property owners to separate their buildings. For example, if one person had a wall on their side of the boundary line, then their neighbour built a structure right up to the boundary, so the structure touches the neighbour’s existing wall, then the touching walls could be considered Type B party walls.
Can you stop someone from carrying out works affecting a party wall?
As covered above, you should be notified of any intended works affecting a wall that you are party to, and you can refuse permission. If a neighbour is carrying out work affecting a party wall without your permission, you may need to seek an injunction to stop them.
To secure a party wall injunction, you will typically need evidence of the work being carried out and proof that it affects a party wall. You can then apply to a court for the injunction. A solicitor can assist with this.
If a party wall injunction is granted, then any work your neighbour is carrying out must be stopped. This can give you time to resolve the dispute, including having any damage put right where appropriate.
A party wall injunction can be a very effective tool, but the application process can be daunting, with a high standard of evidence needed for an injunction to be granted. For this reason, we strongly recommend speaking to our team if you need to seek an injunction.
Speak to our party wall dispute solicitors in Swansea, Pontypridd and Talbot Green
If you would like to discuss our party wall services with our approachable and skilled solicitors in South Wales, please reach out to us through our convenient online enquiry form.
You can also call one of our offices in Pontypridd, Swansea and Talbot Green, or alternatively, you can email us at info@dwharris.co.uk.