“ Party Wall Etc. Act 1996 simplified ”
The Party Wall etc. Act 1996 requires Building Owners to serve Notices on their neighbours when:
Building on or up to a boundary line;
Carrying out works to a wall or structure built on the boundary line;
Excavating in close proximity to the neighbour’s property.
The Party Wall Act sets down the rights & duties of owners undertaking such works and provides protection to the Adjoining Owners.
The Party Wall Surveyor’s duty is to examine the proposed works, ensure that they are properly designed and are executed in a manner which is not likely to cause damage to adjoining buildings or property.
In the unlikely event damage does occur, the party wall surveyors can award damages so the adjoining owners property is protected.
The Party wall Act also grants rights of access to both party wall surveyors and to building owners, allowing surveyors to make all required inspections and allowing building owners and their builders rights of access, erecting of scaffolding etc on the adjoining owners’ land.
If you would like to read the Party Wall etc. Act 1996 explanatory booklet click here.
Initial advice about how the Act applies to your project is always FREE.
Party Wall Services;
Assessment of proposals & advice
To avoid problems, it is best to appoint a Party Wall specialist. We can check your plans and issue valid, correct party wall notices to ensure your project runs smoothly.
We take care of all the paper work and will contact your neighbours.
Early contact is important to avoid disputs and prevent expensive surveyors fees.
Party Wall Notices
The Party Wall etc. Act 1996 requires that homeowners can only do certain types of work to a party wall after they have firstly notified their adjoining owners and then either obtain their written consent or ensure that a Party Wall Award has been prepared.
There are three different types of Notices depending on the works proposed, Party Structure Notice, 3m Notice or 6m Notice, Line of Junction Notice.
Typical works requiring a Party Wall notice would be excavating for a new foundation or basement, building a wall for an extension or cutting into a wall for support of a steel beam or the removal of a chimney breast.
Please contact us for advice.
Undertaking Schedules of Condition
A schedule of condition is a record in details of an Adjoining Owner’s property taken by an independent surveyor. Although it is not required, it serves a very useful function.
Photographs are taken in the form of high quality Jpegs. The data is then processed to facilitate both collaborative working and effective project close-out procedures. It is important to understand that in legal dispute of this nature, a photograph is invaluable evidence that is not open to subjective interpretation.
Site notes or dictations can be recorded on site and written into a schedule of condition that will be approved by the surveyors involved.
For reasons of personal privacy, photographs will not be distributed to the Building Owner and will be held on file by the appointed surveyor/s.
Having a Schedule of Conidition eliminates any wrongful liabilities if a dispute arises claiming damages or losses. Therefore, undertaking a schedule of condition is beneficial to both parties and should be seen as part of the whole process.
Checks with a site visit will be arranged, post-construction. Six months after completion of the works or if damage has occurred in the interim
A Party Wall Award is document detailing the works that will be carried out, any precautions that must be taken and any other issues relating to the work. Part of the award is a schedule of condition which records the exact conditon of the adjoining owners party wall or structure. This is important as it can prevent later spurioius claims after the work has been completed.
The works proceed and the condition is then checked upon completion.