SO HOW EXACTLY 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 shared with another property
Build on or at the boundary with another property?
Excavate near a neighbouring building or structure?
If you're planning these works, you must learn whether 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. Under the Act, the building owner who wishes to conduct such work must definitely provide notification in sufficient time and in writing to adjoining owners of the proposed work. Adjoining owners can be owners or occupiers of adjacent residential, commercial and industrial land or buildings.
If you share a party wall, party structure or a party fence wall with another, you might be governed by the provisions of the Act. Party walls are walls utilized by more than one owner, such as the dividing wall between two houses. Floors between flats are party structures. Boundary walls could be party fence walls. Loft conversions, extensions, structural work on a party wall such as 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 types 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 work can proceed. It is advisable to have a Schedule of Condition, that is a report of the existing condition of a building or structure, before work commences. If Visit this link adjoining owner disagrees with the proposed work, the Party Wall Act serves to solve the dispute.
Resolving disputes
In the event of a dispute between owners, the Act provides procedures for appointing surveyors who is able to resolve issues through an award, specifying the format to carry out the task. An award allows the building owner the right to conduct work beneath the Act, while ensuring the work is done in a fashion that protects the adjoining owners' interests. The surveyor may inspect the work during its progress to make sure all is being carried out properly and fairly.
What you should do
Before commencing any building work, determine if the Party Wall Act applies. Failure to adhere to the Act you could end up the works being unlawful. If in down consult a qualified party wall surveyor who's ideally an associate of the Faculty (FPWS), as they could have been trained to advise on party wall matters and are bound by the Faculty's Code of Conduct.