Party Structures

There are provisions in relation to party structures. The NI Law Commission recommended the new statutory rights of adjoining owners in respect of party walls and structures. There is an entitlement on the landowner to carry out works that a party structure is subject to conditions and procedures set out.

There are provisions for works required for statutory notices, development authorized by planning permission, works for the preservation of a party structure, and works of a minor nature which will not cause substantial damage or inconvenience to the adjoining owner or, if it would, where it is nevertheless reasonable to carry them.

The owner must meet the cost of the work subject to contributions as may be payable under the act by the adjoining owner. The adjoining title owner may serve the party such a notice is entitled to consult with a nominated surveyor by works specified in the notice. The adjoining owner must be given a warning notice prior to certification of the party structure notice; this enables him to make opportunity, representations, with nominations before certification. The building owner has to meet the cost of such consultation.

The building title holder must make good any damage caused to the adjoining title, or reimburse a reasonable cost of making it good. He must also compensate the adjoining title owner for inconvenience caused such as disruption to a business.

Where a work relative defect or want to repair to the adjoining structure, for which the adjoining title owner has responsibility, an appropriate contribution to the cost of remedial works incurred may be required of the adjoining owner by the building owner. The building owner may claim a contribution or deduct the appropriate amounts under reimbursement of cost for making good the damages to the work.

As an alternative the right, an appropriate amount for compensation for inconvenience also arises. A dispute as to the amount of contributions may be determined by the land tribunal. The land tribunal will determine the amount what the recovery must take place. The adjoining owner liable to pay contribution may be pursued by the other.

There are rules on party structures based on the England and Wales party walls legislation. Once the building owner decides to carry out works he must obtain nomination of a surveyor to certify the party structure though it is required to be served on the adjoining owner. The nomination must be made by the Northern Ireland branch, chairman of the Northern Ireland branch of the Royal Institute of Chartered Surveyors from a panel with appropriate expertise. The adjoining owner may employ his own professional advisor, but will have to meet the expense of this. If the adjoining title owner does not consent the matter may be referred to the land’s tribunal for determination.

Building title owner who wishes to exercise the right to carry out works through a party structure will first serve a party structure notice on the adjoining owner giving details of the proposal. The adjoining owner may serve a counter notice. Before start to applying party structure notice for service the surveyor is required to give the adjoining owner warning of the likely certification.

The essential contents of the notice are provided including particular names and addresses of building owner.

Specification of work; Date of commencement; Name and address of the surveyor.

A title owner adjoining is entitled to consult a nominated surveyor at the building title holder’s cost. This right of consultation must be highlighted. It is expected that the independent status of the nominated surveyor should be to enable both parties to have confidence in the certification.

Works must be certified by the surveyor other than minor works. These would be works to hedges, trees, and shrubs. This does not require certification but in the event of disagreement is referred to the land’s tribunal.

The notice must be served at least two months before works are to complete. Works must be done within 12 months or such a later date as determined by the land tribunal in the event of a dispute. That must be carried out due diligence.

There is no need to serve a party structure notice if the owners agree to exercise the rights.

An adjoining title owner may serve a counter notice within one month. If they do not do so, consent to the work is deemed given. Consent may be unconditional or subject to condition. A dispute is improvised where the building owner is unable to meet the condition an adjoining title owner has attached. This may be referred to the land tribunal. A condition may be attached providing for consent to the work.