The Party Wall Act

The Act enables a building owner to undertake work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out an operation whereby the matter is described surveyors for determination by Award. The Party Wall Act 1996 is intended to supply a framework for preventing and resolving disputes with regards to party walls, boundary walls and excavations near neighbouring buildings.

The Act provides a fair solution to the issues which are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers "party structures" such as walls, floors or other partitions between elements of a building in separate ownership.

Does the Act affect the ownership of a celebration Wall? No, but in many cases the Act will prevent disputes arising to begin with.

The Party Wall Act offers a building owner, who wishes to carry out different styles of work to an existing party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner must not cause unnecessary inconvenience. Even though Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights given to them by the Act, but might be able to influence how and at what times work is undertaken. Adjoining owners should remember that the primary reason for the Act would be to facilitate development.

Beneath the Act, notice should be served and when agreement can't be reached, surveyors could be appointed.

If agreement can't be reached between neighbouring parties, the procedure is really as follows: A Surveyor or Surveyors is/are appointed to find out a good and impartial Award, either: An 'Agreed Surveyor' (someone acceptable to all parties), or two surveyors representing both home owners. The two surveyors will nominate a third surveyor who be called in only if the two surveyors cannot agree. In  Click here for more info , surveyors appointed beneath the dispute resolution procedure of the Act to draw up an award must behave impartially and think about the interests of both neighbours.

The surveyor (or surveyors) will prepare an "award" (often known as a "party wall award").  Party Wall Surveys Goddington  is a document which: sets out the work that will be completed, says when and how the work is to be carried out (for example, not at weekends if the buildings are domestic properties), records the health of next door before the work begins (so that any damage could be properly attributed and made good), allows access for the surveyors to inspect the works while they are going on (to note that they are relative to the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award.

The dog owner undertaking the construction is made legally in charge of putting right any damage caused by carrying out the works, even if the damage is due to his contractor. Although minor works on a party wall are usually regarded as too trivial to come beneath the remit of the Act, the key point to be considered is whether any planned work could have consequences for the structural strength and support functions of the party wall.