In simple terms a party wall sits astride a boundary to land belonging to several different owners and forms section of a building on one or both properties.
A wall which sits astride the boundary but will not form section of a building is a Party Fence Wall for the purposes of the Act.
The word Party Structure can be used in the Act. A floor structure separating flats is one of these of a Party Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed around 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of that structure
So the Act applies to my works, what do I really do now?
If the Act applies you may be obliged to serve a celebration Wall Notice on your neighbour, setting out information on the works accessible and providing key information such as plans, proposed commencement dates etc. In Right of Light Consultants Fitzrovia of adjacent excavations you may need to provide specialist details of foundations.
You will be obliged to provide your neighbours between 1 and 2 months notice of commencement of work based on which portion of the Act applies.
What goes on if my neighbour objects to my Party Wall Notice?
The Act gives you the right to complete various types of work on or around the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but means that you are obliged to follow the Dispute procedure lay out under Section 10 of the Act.
This requires one to appoint a Party Wall Surveyor to act in your stead. Your neighbour gets the right to appoint their very own surveyor or they may agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they'll acknowledge the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This is usually a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is the legally binding document and this can be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who've been working with the Party Wall Act since its inception in 1996. You will end up dealt with by way of a specialist Party Wall Surveyor with connection with all aspects of the Act who can advise you simply and clearly how far better meet your obligations under the Act.
