Party Wall Act (OLD)
The Party Wall Act 1996 makes provision for dealing with works that are likely to affect Party Walls and has been extended to include excavations within close proximity to neighbouring structures. The Act is intended to enable works to proceed reasonably and considerately. It is a complex legal document that should be considered whenever works are proposed to party walls or within close proximity to any structure.
The Party Wall Act exists to protect both the building and adjoining owners, our aim is to ensure that the protection of the Act is applied wherever it is necessary. Our goal is to increase awareness of the Act and to ensure that any works that are subject to the Act are Notified correctly.
Generally the Party Wall Etc Act 1996 should be considered if any of the following works are being undertaken and there are adjoining or neighbouring properties in close vicinity to the proposals:-
- Loft Conversion
- Extensions
- Re-roofing
- Underpinning
- Excavations for investigation, drainage or substructure works
- Alterations and internal refurbishment to adjoining structures
Party Wall Services regularly acts for both the building and adjoining owners;
Our appointments when acting for the building owner usually involves service of notices on behalf of the building owner who are proposing to undertake works which are notifiable under the Act. If a dispute arises this may lead to a formal appointment under Section 10 of the Act. In this instance we will encourage the building owner to have a schedule of condition of the adjoining owners property undertake in order to ensure that the condition of the property is agreed prior to works commencing and thereby safeguarding their interests. We would then draft and serve an Award. We may also be appointed as an Agreed Surveyor where by both parties mutually agreed our appointment to act impartially.
If we are not appointed as an Agreed Surveyor and a dispute has arisen the adjoining owner must appoint a surveyor under the Act known as the adjoining owners surveyor.
We are often also appointed by Adjoining Owners in this way. In the event of a dispute arising, we are appointed under Section 10 of the Act, in order to settle the dispute by implementing an Award. This usually includes the preparation of a detailed Schedule of Condition as mentioned above in order to safeguard the interests of both parties.
Our expertise in negotiating party wall matters ensures that building work proceeds legally and without unnecessary delays, inconvenience to either party or cost. We will ensure that the rights and duties of both parties are fully understood and observed. It is worthy of note that in most circumstances all reasonable fees will be payable by the Building Owner.
To download a copy of the Party Wall Act from the Office of Public Sector Information