 |
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
The Practice has considerable party walls experience and has recently been appointed to act s Party Wall Surveyor on works at Westminster Abbey. As well as ancient monuments, we are happy to advise on commercial and residential appointments.
The Party Wall etc. Act 1996 may affect you...
…if you need to undertake work to a wall or building adjacent to your neighbour's property or close to your own boundary
…if your neighbour is undertaking work to a wall forming part of your property or to a structure close to your boundary.
Legal background and requirements
From 1st September 1997, the requirement to serve formal notices on Adjoining Owners when intending to alter a party wall or excavate close to an adjoining building covers the whole of England and Wales.
What is a Party Wall?
A party wall is generally one which is on the boundary of two or more properties and includes free standing garden walls etc.
What is an Owner?
The person undertaking the works (the Building Owner) or his adviser must serve notice on all those having an interest of 12 months or more in the property on the other side of the party wall (the Adjoining Owner).
What is a Party Wall Surveyor?
A Party Wall Surveyor is appointed in the event of a dispute arising between the Building Owner and the Adjoining Owners. The Party Wall Surveyor is not an agent for any party but acts for the “wall” as a quasi-arbitrator, to ensure compliance with the provisions of the Act.
The cost of appointing the Surveyors is usually paid for by the Building Owner unless the works are of mutual benefit of both parties.
What Works require the service of a Notice?
In general terms, they are alterations to a party wall itself, works close to adjoining buildings that are liable to affect them, or works on or adjacent to an undeveloped boundary line.
Notices must be served when excavation works are close to an adjoining building dependent upon the depth of the excavation, or if you build on or up to the boundary.
What follows the Notice?
In the usual event of the Adjoining Owners dissenting to the works, surveyors are appointed to act on behalf of the Building and Adjoining Owners, or both. The surveyor, or surveyors, will prepare agreed schedules of condition and publish an Award defining the rights and responsibilities of both Owners, including any special conditions relating to the method by which the works are to be carried out. Only after the Award is published may the works to the party wall, excavations, or works on the boundary be started.
Implications of not serving a Notice
If the works proceed without compliance with the requirements of the Act, the Adjoining Owner may seek to obtain an Injunction preventing further works continuing until party wall procedures have been complied with properly. This can result in a delay, possible contractual claims and loss of rent or opportunity to occupy. |