PARTY WALL

The Party Wall etc Act 1996

The Building Owner can undertake a variety of operations to party walls, party fence walls or floors (party structures) which separate their property from their neighbours (Adjoining Owners) and to adjacent foundations, though there are safeguards to protect the interests of the parties. The procedure involves the issuing of notices and often the appointment of a surveyor or surveyors, who will produce an agreement (known as an award) which is binding on each party. In addition a schedule of condition is usually prepared. There are variations on the theme; for instance an Adjoining Owner might be content to allow the work but nonetheless require a schedule of condition to be prepared.

If you are the Building Owner

Are you intending to undertake relevant work,such as:-

* Build a new wall near or on a boundary line.
* Repair an existing party structure.
* Alter a party structure, such as demolish and rebuild, thicken, raise or lower, build in beam.
* Cut into or away from a party structure, a party fence wall, or an external wall

* Underpin.
* Temporarily expose a party structure to the weather.
* Excavate in close proximity to a neighbours property - up to 6 metres distant.

If so you will need to comply with the Act

Southern Surveyors will:-

* Consider your plans - liaising with your architect / engineer as appropriate.
* Prepare & serve notices with explanatory letters.
* Act as either a jointly appointed surveyor or the Building Owners surveyor.
* Prepare schedules of condition.
* Engage with other appointed surveyors to agree matters.
* Manage the process within the time frame provide in the Act or as otherwise may be agreed.
* Progress the award from the drafting stage to ultimate signing.
* Assess damage that may arise to neighbours property.


For the Adjoining Owner

Have you:-

* Heard from a neighbour that he/she intends to undertake relevant work and seeks your permission
* Received a written notice from your neighbour or his/her surveyor
* Found out that your neighbour is undertaking relevant work without informing you.

If so you will need to quickly decide how to deal with it.

Southern Surveyors will:-

*Advise you on your options.
*Respond to the neighbour on your behalf.
*Act as either a jointly appointed surveyor or the Adjoining Owners surveyor.
*Prepare or check a schedule of condition.
*Examine the neighbours proposals in detail and consider the implications.
*Engage with the neighbours surveyor to agree matters.
*Inspect the work as it proceeds.
*Check the award during its progress from the drafting stage to ultimate signing.

If you require any advice on a Party Wall matter or would like a quotation for us to act on your behalf call us on 01903 256397 or e-mail us for a quotation including a brief description of the planned works.

FAQ

Q1. What is it all about?
The Act sets out a framework of rights and obligations for owners of buildings dealing with construction, excavations and alterations on or close to a boundary.

Q2. What is a Party Wall?
A wall which stands on a boundary between two or more ownership's. The Act also covers "party structures" which include walls, floors or other partitions between parts of a building in separate ownership.

Q3. What is a Party Fence Wall?
A garden or boundary wall separating land (but not buildings) in separate ownership's. Party Fence Walls are also covered by the Act.

Q4. What are my duties under the Act?
You must inform all adjoining owners of your intentions. There is a formal procedure for Notices and the appointment of surveyors.

Q5. How long in advance do I have to serve Notice?
At least two months before the planned start date.

Q6. What does the Party Wall surveyor do?
The surveyors will prepare an "Award" which records the condition of the neighbouring property before the work begins, deals with arrangements for access, sets out the work to be carried out and the way in which it should be carried out.

Q7. Who pays the surveyor's fees?
The owner who first planned the work will usually be responsible for costs associated with the Award but the surveyor may decide that they should be apportioned where there are benefits to other parties.

Q8. Who pays for the building work?
This is settled by agreement. If there is a dispute, it will be covered by the Award.

Q9. What about access?
Access must be provided, under The Act, for Party Wall works.

Q10. Can I build astride the boundary line?
Only by agreement.

Q11. What is the Notice period for boundary fence walls?
At least one month's Notice is required.

Q12. What about excavations near to neighbouring buildings?
The Act will apply in certain circumstances to excavations, foundations and underground construction within 6 metres of a neighbouring building.

Q13. Does the Act affect the ownership of a Party Wall?
No.

Q14. Can the Act be used to resolve a boundary dispute?
No, but in many cases the Act will prevent disputes arising in the first place.