Party Wall Services

  • The Party Wall Act generally covers “Building works at or to the side of the boundary between two properties”
  • Building Works can be as small as repairs and alterations.
  • If you are the Building Owner having works to the Party Wall undertaken, you must inform and get agreement from the Adjoining Owner for the works, by way of a Statutory Notice.
  • As Adjoining Owner you can agree to the Statutory Notice or dissent from it.
  • Most Party Wall matters end up with Party Wall Awards being prepared, with schedules of conditions being drawn up which are appended to the Awards.
  • We accept appointments from either the Building Owner or the Adjoining Owner.

 

We undertake all professional work under The Party Wall etc. Act 1996. We accept appointments from either the Building Owner or the Adjoining Owner. We can also act for both owners jointly in certain cases. Most Party Wall matters end up with Party Wall Awards being prepared, with schedules of conditions being drawn up which are appended to the Awards.

The Act covers:

New Building works at or astride the boundary between two properties.

Structural work affecting an existing shared/party wall, including repairs, alterations, extending or reducing the wall, cutting into the wall and underpinning.

Excavating, or constructing foundations within three metres of a neighbour's building where the new foundations will go deeper than the neighbour's foundations.

Excavating, or constructing foundations within six metres of a neighbour's building where the new foundations will cut a line drawn downwards at 45 degrees from the bottom of the neighbour's foundations.

“We can serve notices should you wish”

If you are the owner proposing to have the works carried out you must find out whether the works are governed by the Act. If so, you must serve statutory notice (one or two months depending upon the works) on the adjoining owners and get agreement from them for the works, before you start. We can prepare and serve the notices on your behalf should you wish.

“A person on whom notice is served can either agree to the works or dissent.”

The proposals affecting the Party Wall can not be resisted ultimately, although if you are an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a Party Wall Award, you will go a long way to protecting your interests. A person on whom a notice is served can either agree to the works or dissent.

In the event of the person not replying to the Notice within fourteen days he is deemed to have dissented whereupon a dispute arises. Dissent requires that both parties appoint a surveyor to settle the dispute. The appointment must be in writing. The two surveyors immediately appoint a Third Surveyor as umpire in case they are unable to agree, although it is rare for a Third Surveyor to be required to act. A very experienced surveyor is usually appointed. Both surveyors then inspect the Party Wall and adjoining areas in order to prepare a Schedule of Condition.

“A Party Wall Award is prepared which includes the schedule of condition”

This will record defects in detail and is a very useful reference if there are complaints that the works have caused cracking or other damage. A Party Wall Award is then prepared which sets out the scope of the works affecting the party structure, conditions for protecting the adjoining owner's interests, and includes the Schedule of Condition.

 

dilapidated wall

The basis of the Party Wall Award is to set out the conditions for the running of the building works, insofar as they relate to the Party Wall so that they do not unnecessarily interfere with your occupation of your building, although some noise and general disturbance is unavoidable.

“Works cannot commence until 14 days after the Awards have been delivered”

Works to the Party Wall cannot, by law, commence until fourteen days after the Party Wall Awards have been delivered to the owner and the adjoining owners. This allows a period during which the parties can appeal to the County Court if they believe the Award is unfair. This does not prevent other works taking place within the building, but the law concerning interfering with the Party Walls is strict.

 

Please contact one of our friendly team who will be happy to assist you in this area should you require any further information.

 
 
 
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