What Is a Party Wall?
In simple terms a party wall sits astride a boundary to land belonging to several different owners and forms section of a building on one or both properties.
A wall which sits astride the boundary but will not form part of a building is a Party Fence Wall for the purposes of the Act.
The term Party Structure can be found in the Act. A floor structure separating flats is one of these of a celebration Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to a preexisting Party Wall or Party Structure
New buildings or structures are erected up to or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of this structure
So the Act pertains to my works, what do I really do now?
If the Act applies you may be obliged to serve a celebration Wall Notice on your neighbour, setting out information on the works at hand and providing key information such as for example plans, proposed commencement dates etc. Regarding adjacent excavations you may need to provide specialist details of foundations.
You will end up obliged to provide your neighbours between 1 and 2 months notice of commencement of work based on which section of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
The Act gives 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 will mean that you are obliged to follow the Dispute procedure set out under Section 10 of the Act.
Additional resources requires one to appoint a Party Wall Surveyor to act on your behalf. Your neighbour has the right to appoint their own surveyor or they may agree in the appointment of an individual 'Agreed' surveyor. Where two surveyors are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and carries a Schedule of Condition of the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This can be a written document prepared 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.
It is a legally binding document which can 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 areas of the Act who is able to advise you simply and clearly how far better meet your obligations under the Act.