Exactly what is a Party Wall?
In simple terms a party wall sits astride a boundary to land owned by two or more different owners and forms section of a building using one or both properties.
Homepage which sits astride the boundary but does not form section of a building is really a Party Fence Wall for the purposes of the Act.
The term Party Structure can be used in the Act. A floor structure separating flats is one example of a Party Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed around 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure
So the Act applies to my works, what do I really do now?
If the Act applies you may be obliged to serve a Party Wall Notice on your neighbour, setting out details of the works accessible and providing key information such as for example plans, proposed commencement dates etc. In the case of adjacent excavations you may want to provide specialist information on foundations.
You may be obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.
What goes on if my neighbour objects to my Party Wall Notice?
The Act offers you the right to perform various types of work on or about the boundary line so provided your works are covered by the Act your neighbour's objection cannot stop you going ahead but means that you will be obliged to follow the Dispute procedure set out under Section 10 of the Act.
This requires you to appoint a celebration Wall Surveyor to do something in your stead. Your neighbour gets the right to appoint their own surveyor or they could agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This is the written document made by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is a legally binding document that may be enforced by the County Court where necessary.
Evans Jones certainly are a team of Chartered Building Surveyors in Cheltenham, who've been dealing with the Party Wall Act since its inception in 1996. You will end up dealt with by a specialist Party Wall Surveyor with experience of all aspects of the Act who is able to help you simply and clearly how far better meet your obligations under the Act.