The Party Wall Act 1996 serves as a crucial legal framework in England and Wales, offering guidelines and resolutions for property owners engaging in construction/structural work near shared boundaries. In this short guide, we break down the fundamental aspects of a Party Wall Act, shedding light on its application, the role of Party Wall Surveyors, the significance of Party Wall Agreement (Award), and exemptions from its provisions. Read on to learn more.
Understanding the Party Wall Act
Enacted to manage construction work’s impact on party walls, structures, and excavations near neighbouring properties, Party Wall Act 1996 aims to balance the rights of property owners undertaking building work and the rights of affected neighbouring property owners.
Applicability of the Act
The Act comes into play when various types of construction work are planned, such as demolishing and building new walls or party walls, cutting into or away from party walls, altering wall height, or excavating near a neighbouring building’s foundation. Property owners initiating the work, known as Building Owners, are required to serve a Party Wall Notice to affected neighbours known as Adjoining Owners or Adjoining Occupiers.
The Role of Party Wall Surveyors
If neighbouring property owner’s dissent to the proposed work, then we will have to appoint a Party Wall Surveyors to help the dispute resolution process impartially. These surveyors play a crucial role in assessing the potential impact of the work, producing a legally binding Party Wall Agreement, also known as a Party Wall Award, that outlines the details of the construction and safeguards the rights of all parties involved.
Essential Steps in the Party Wall Process
Serving a Party Wall Notice
The Party Wall Notice must be served at least two months before the planned building works commencement. Failure to do so can result in delays and legal implications.
Understanding Party Wall Agreements
Party Wall Agreements specify conditions such as working hours, access rights to neighbouring properties, and provisions for handling damages. The Owner is usually responsible for covering the party wall surveyor fees and expenses incurred by the neighbouring owner.
Exemptions and Consequences
While some minor works may be exempt from a Party Wall Act, failure to follow the procedure for qualifying works can lead to dire consequences. The Act authorises building works that would otherwise be a trespass, subject to claims for damages and compensation.
Navigating the Party Wall Act for a Smoother Construction Process
A Party Wall Act serves as a vital piece of legislation, ensuring a fair and regulated process when undertaking building work near shared boundaries. By comprehending its provisions and obligations, property owners can mitigate potential disputes, respecting their neighbours’ rights and interests throughout the construction process.
Need a Party Wall Surveyor?
At Party Wall Guru, we are your trusted Party Wall Surveyors in London, and are experts in navigating the complexities of the Party Wall Act 1996. Specialising in both Building and Adjoining Owner matters, we provide professional advice, friendly service, and detailed reports.
Whether you’re undertaking construction as a Building Owner or affected by building work as an Adjoining Property Owner, our qualified Chartered Surveyors offer expert guidance for a secured Party Wall Agreement.
With an extensive resume of over 1,500 completed projects, including loft extensions and complex basement works, we take pride in simplifying the intricacies of party fence wall matters. Our services encompass Party Wall Notices, Schedules of Condition, and Party Wall Award.
Contact us at 020 8058 9883 or surveyors@thepartywallguru.com to request a quote and ensure compliance with your legal obligations. Discover peace of mind through our flexible schedules, legal guidance, and specialist expertise in party wall procedures. Trust Party Wall Guru for comprehensive solutions tailored to your party walls needs. We look forward to hearing from you soon.
