In simple terms a party wall sits astride a boundary to land belonging to two or more different owners and forms part of a building on a single or both properties. A wall which sits astride the boundary but doesn’t form part of a building is a Party Fence Wall for the purpose of the Act.
The phrase Party Structure can also be found in the Act. A floor structure separating flats is one example of an event Structure. When does the Party Wall Act apply?
The Act will apply when:
Various works are completed with an existing Party Wall or Party Structure
New buildings or structures are erected as much as or sat astride the boundary line
Excavations are completed up to 6 metres of a structure over a neighbouring property which have the possibility to undermine the foundations of this structure
Therefore the Act applies to my works, what exactly do I do now?
When the Act applies you will end up obliged to provide an event Wall Notice on the neighbour, setting out information on the works on hand and providing key information such as plans, proposed commencement dates etc. With regards to adjacent excavations you might need to provide specialist information on foundations.
You will end up obliged to provide your neighbours between 1 and 2 months notice of commencement of labor depending on which section of the Act applies.
What will happen if my neighbour objects to my Party Wall Notice?
The Act gives you the legal right to complete various work with or around the boundary line so provided your works are included in the Act your neighbour’s objection cannot stop you going ahead and can mean srakvo you happen to be obliged to follow along with the Dispute procedure lay out under Section 10 from the Act.
This calls for you to definitely appoint a Party Wall Surveyor to do something on your behalf. Your neighbour has the right to appoint their own surveyor or they could agree within the appointment of a single ‘Agreed’ surveyor. Where two Party Wall Surveyors London are appointed they will likely agree on the appointment of a third surveyor to adjudicate/referee where two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of the two of you and features a Schedule of Condition of the neighbouring property to record its condition before works start.
What exactly is a Party Wall Agreement/Award?
This is a written document prepared by the surveyor detailing the rights and obligations from the owners. The contents are agreed through the survey and upon completion the Agreement is served on the owners. It is a legally binding document which may be enforced through the County Court where necessary.