How Does The Party Wall Act Affect Building Work?
As a building owner, can you intend to:
Work on a preexisting wall, ceiling or floor structure distributed to another property
Build on or at the boundary with another property?
Excavate near a neighbouring building or structure?
If you are planning any of these works, you must find out if the work falls within the scope of the Party Wall etc. Act 1996. The Act was introduced by the federal government in 1997, covering the whole of England and Wales to regulate building works to adjoining properties. It is designed to enable work to proceed while protecting adjoining owners and occupiers who could be affected by the work. Beneath the Act, the building owner who wishes to conduct such work must provide notification in sufficient time and in writing to adjoining owners of the proposed work. Adjoining owners could be owners or occupiers of adjacent residential, commercial and industrial land or buildings.
If you share a celebration wall, party structure or a party fence wall with another, you may be governed by the provisions of the Act. Party walls are walls used by more than one owner, like the dividing wall between two houses. Floors between flats are party structures. Boundary walls could be party fence walls. Loft conversions, extensions, structural focus on a party wall such as for example removing a chimney breast, excavation close to another building or structure to a depth that exceeds that of the neighbour's foundations, or alteration to a masonry party garden wall are examples of work governed by the Act.
If the Party Wall Act pertains to the planned work, the building owner is obliged to serve notice on the adjoining owner/occupier. Upon written consent by the adjoining owner, the task can proceed. It is advisable to have a Schedule of Condition, which is a report of the current condition of a building or structure, before work commences. If the adjoining owner disagrees with the proposed work, the Party Wall Act serves to resolve the dispute.
Resolving disputes
In case of a dispute between owners, the Act provides procedures for appointing surveyors who is able to resolve issues through an award, specifying the format for carrying out the task. An award allows the building owner the proper to conduct work under the Act, while ensuring the work is done in a manner that protects the adjoining owners' interests. The surveyor may inspect the work during its progress to ensure all is being completed properly and fairly.
List of Additional resources
Before commencing any building work, determine if the Party Wall Act applies. Failure to comply with the Act you could end up the works being unlawful. If in down consult a qualified party wall surveyor who's ideally a member of the Faculty (FPWS), because they could have been trained to advise on party wall matters and are bound by the Faculty's Code of Conduct.