If you are a Building Owner proposing to carryout notifiable work, you must give adjoining property owners notice of your intentions. We recommend that your plans are checked over by one of our experienced Party Wall Surveyors to confirm whether the works come within the scope of the Act.

 

Often an adjoining property owner only becomes aware of their neighbour’s plans to carry out work under the Act upon receipt of a Party Wall notice. They have the option to either consent or dissent to the works specified. If no response is made within 14 days, the parties are deemed to be in dispute under the Act.

Where a dispute arises, Canham Consulting can be appointed as a Party Wall Surveyor to act solely on behalf of one of the Owners or act as the Agreed Party Wall Surveyor to act jointly for both property Owners in accordance with section 10 of the Act to settle the dispute.

 

Our team of Surveyors have experience in a diverse range of Party Wall matters and can assist you with: 

 

• Serving Party Wall notices

• Serving Counter notices

• Undertaking detailed Schedule of Condition Reports

• Preparing and serving Party Wall Awards

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The Award will set out the works required under section 10 of the Act, when and how the works are to be carried out, include provisions of security of expenses, allow access rights for the parties involved, cost for obtaining the Award and its provisions.

 

THE PARTY WALL ETC. ACT 1996 what the Building Owners must do to comply with the Party Wall Act?

 

Since the Party Wall etc. Act 1996 came into force, homeowners in England and Wales have a legal obligation to follow the Party Wall Act procedures when building work has an effect on a Party Wall or Party Structure.

As a Building Owner you must advise your neighbours (Adjoining Owners) under notice and in advance of carrying works notifiable under the Act. The Party Wall Act covers three distinct types of work. These being alterations and remedial works to a shared Party Wall or Party Fence wall, the construction of new walls on the boundary and excavation work to a level which is at a deeper level than your neighbour’s foundations.

 

Works which commonly affect the Party Wall or Party Structures include, but are not limited to:

 

• Building extensions

• Damp proofing works

• Internal or external structural alterations (e.g. removing walls and inserting structural steel beams to the Party Wall, loft conversions alterations to roof structure and covering)

• Excavating for foundations and constructing basements

• Internal alterations to party wall/party fence wall.

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Adjoining Owners

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The Building Owner who is planning to undertake notifiable works under the Party Wall Act is lawfully required to serve the appropriate notice prior to commencement of these works.

The Adjoining Owners have a right to:

• Dissent or Consent to the formal notice

• Appoint their own Surveyor or agree to appoint an Agreed Surveyor to resolve any dispute.

• Request reasonable measures to safeguard their property from damage, including requesting security for expenses before the works starts to safeguard any potential loss

• Request alterations of the works

• Not to be exposed to any unnecessary inconvenience from the works

• Be compensated for loss and damage caused by the works.

 

What does the Surveyor do?

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The Surveyor or Surveyors appointed will settle the dispute in accordance with Section 10 of the Act by making an Award.

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The Award will set out the below:

• The work that will be carried out

• How the works will be carried out

• When the works will be carried out (limitations of noisy works)

• Include provisions of any further measures to safeguard the rights of the owners

• Include any security of expenses requirements under the Act

• Allow access rights

• Record the condition of the Adjoining Owners property to assist with the identification of any future possible damage as a result of the works carried out by the Building Owner

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For further information please see the government’s explanatory booklet of the Party Wall Act.

 

If you need any assistance or help with the process, please feel free to call one of our experienced Party Wall Surveyors who will be able to assist you.

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet