Party wall disputes? Here are a few advices: You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales. Party walls stand on the land of 2 or more owners and either: form part of a building, don’t form part of a building, such as a garden wall (not wooden fences). Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls. Party structures: You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats. Party wall agreements are different from planning permission or building regulations approval.
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.
People often find that implementing the Party Wall Act can be frustrating and expensive. It is not unusual for a building project to be delayed by a couple of months and surveyor’s fees to run to a couple of thousand pounds just for the Party Wall aspect on what might be considered to be a fairly straightforward alteration to a domestic property. To help you navigate your way through the Act we will take a look at the most common problems from the point of view of the party planning the works.
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. Read more info on Party Wall Surveyor Whitstable.