Party wall issues? Here are a few tips: What is covered by the Act? There are certain items of work that you can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor/s. Notifiable works include (but are not limited to): cutting into a wall to take the bearing of a beam, for example for a loft conversion, inserting a damp proof course, even if only to your own side of a party wall, raising a party wall and, if necessary, cutting off any objects preventing this from happening, demolishing and rebuilding a party wall, underpinning a party wall or part of a party wall, weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building, excavating foundations within three metres of a neighbour’s structure and lower than its foundations, excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf. Your neighbour or ‘Adjoining Owner’ can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.
If your neighbour consents then that is the end of the matter as far as The Party Wall Act is concerned although to protect yourself you may wish to arrange for a schedule to be taken on their property to identify its existing condition. This will ensure that any existing defects are recorded and not wrongly attributed to your work later. If your neighbour chooses not to consent in writing then the next decision to be made is whether 1 or 2 surveyors are appointed. The Act allows for an ‘Agreed Surveyor’ and you are free to put forward the name of your surveyor for their your neighbours consideration although you should not put any pressure on them to concur in his appointment.
The Party wall act, the Party Wall etc. Act 1996 act to give its full name is a piece of legislation that was mainly transferred from Part VI of London Building Acts (amendment) Act 1939, it applies in England and Wales. The main purpose of the act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law, when undertaking certain types of construction as defined by the Act. As well as these rights it obliges Building owners to give appropriate notice and for the relevant notice period if they intend on carrying out the defined work. See extra details on Party wall surveyor.
