Building & Project Consultancy
Building Owner’s Guide to the Party Wall etc. Act 1996
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Our specialist Party Wall surveyors actively engage with Building Owners to provide strategic advice on the application of the Party Wall Act, approach needed when dealing with affected neighbouring properties and any related issues such as rights of access, etc.
What is a Building Owner?
- The Party Wall Act defines Building Owners as owners of land who wish to undertake works and exercise rights afforded under the Party Wall etc. Act 1996.
Works under the Act broadly cover three distinct types of works:
- New Building(s) on or astride the site boundary line between properties. (Section 1)
- Works on or to an existing Party Wall or structure, including but not limited to underpinning, extending, rebuilding, repairing, reducing, etc. (Section 2)
- Adjacent Excavation and Construction within 3-6 metres of neighbouring buildings or structures. (Section 6)
Building Owners’ Duties
- For works that fall under the Act, notice needs to be served on all adjoining owners, as defined under the Party Wall etc. Act 1996.
- Notice(s) need to be in writing and should normally be issued at least 2 months in advance of any works.
Following service of a Notice:
- An Adjoining Owner has 14 days to reply.
- If an Adjoining Owner dissents or does not reply within 14 days, then a dispute is deemed to have arisen.
In the event of a dispute:
- Each owner must appoint a Party Wall Surveyor or agree to a single ‘agreed’ surveyor to act on both parties behalf.
- The Surveyor(s) subsequently make an Award; Party Wall Award!
A Party Wall Award sets out:
- The works to be carried out.
- How and when the works will be carried out (to limit times of noisy work, etc.)
- The Award will also contain a Schedule of Condition to record the current condition of the property.
Failure to follow the provisions of the Party Wall Act
- Failure to serve notice and to follow the provisions of the Party Wall Act may result in the works being unlawful.
- An Adjoining Owner could obtain a temporary injunction, to cease works until a surveyor has been appointed to agree and finalise a Party Wall Award.
- Such delays can be costly and have an adverse effect on the works.