The Party Wall Act - Implications for several Parties
The UK Party Wall Act of 1996 was enacted to avoid and solve disputes between neighbors who share a common boundary. It defines the rights of owner's of buildings in regards to any building, alteration, renovation or repair work to boundaries and walls between adjacent properties.
Most Commonly Used Rights
The most commonly used rights by building owner's are as follows:
Adjacent excavation and construction
Construction of new party and boundary walls
Cutting into walls to take beam bearings or to insert damp proofing
Demolish and rebuild a standard boundary
Increase the height of a wall
Raise the thickness of a wall
Underpin the party wall
Your Duties Beneath the Act
If you intend to carry out any work to common boundaries, you must give notice to all or any adjoining property owners. You cannot cut into your side of the party wall without informing your neighbors of your intentions. The act will not give any specific enforcement procedures but if you fail to serve notice, you risk being served with a court injunction or your neighbor(s) may seek some other legal redress.
Your neighbors cannot stop you from exercising your rights under the Party Wall Act but they have a say in when and the way the work is undertaken. The act also expressly states that you may not cause unnecessary inconvenience to your neighbors. Inconvenience in this instance specifically refers to any extra nuisance over and above that which would predictably occur once the work is carried out in the proper manner.
Owners of adjoining properties should take note that the main reason for the Party Wall Act is to facilitate development and is not meant to be considered a hindrance. In case you fail to respond to a notice given under the act, the developer/building owner may appoint a surveyor in your stead and the dispute resolution process will proceed without your consent.
Appointing a Party Wall Surveyor
In the event an agreement can't be reached between adjoining home owners, the legal requirement is to appoint a Party Wall Surveyor. Surveyors are legally mandated to act impartially; they ought to not favor the appointing owner. Party Wall Surveys Castelnau could also appoint a surveyor each for them to come to an agreement with the person. However, it is a more costly and time-consuming option. In the former case, the owner going to undertake work pays the surveyors fees including fees reasonably incurred by his neighbor(s).
When choosing surveyor, one must be careful to appoint a professional with a track record of surveys of the nature. The reason being it is a highly specialized field with serious legal implications in the case one or omission is committed.
If you're planning some work as well as your neighbor has failed to respond to your notice or you are currently involved with a dispute, call AA Projects and obtain help from first class Party Wall Act surveyors.