(Please Note; This site is still being developed and the following pages offer only a brief overview. Professional advice is usually required.)
PARTY WALL INFO.COM
This website has been developed, and will continue to be further developed, to act as a resource for property owners.
Obviously the information provided is done so in good faith and the information has been assembled from a variety of sources. The author is happy to acknowledge and to thank contributors for their assistance.
In many instances professional advice from an experienced party wall surveyor will be required and we can accept no liability for people acting improperly. As with all legislation the nuances can be complex to interpret and thus if you are unsure then please seek assistance.
Whilst many party wall surveyors charge by reference to an hourly rate, others may agree to provide a fixed fee quote, and some will agree to an initial consultation without obligation or charge.
The Party Wall etc Act 1996 came into effect on the 1st July 1997 throughout England and Wales.
The Act provides the framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Party Wall etc Act 1996 will apply if you intend to carry out building work which involves:-
- Work on an existing wall shared with another property, a party wall, i.e. various works that are going to be carried out directly to an existing party wall or structure.
- Building on the boundary with a neighbouring property, i.e. New building at or astride the boundary line between properties.
- Excavating near a neighbouring building, i.e. Excavation within 3 or 6 metres of a neighbouring building or structure, depending on the depth of the foundations in relation to the neighbouring foundation depth.
For some minor works you may be able to reach an agreement with the adjoining owners and they may give their consent. This should be in writing to avoid any doubt, but of course they can only give consent if they have been provided with proper details of what is proposed.
Adjoining owners can agree or disagree with what is proposed. Where there is a disagreement, the Act provides for the resolution of disputes under section 10.
If there is no written consent to properly notified proposals a 'dispute' will have arisen and a Party Wall surveyor will have to be 'appointed'. '
Therefore, if you cannot reach an agreement there are procedures for appointing a surveyor in accordance with section 10, and once appointed the surveyor must act impartially.
The intention is to resolve the dispute that has arisen as quickly and as cost effectively as possible.
If you are unsure whether the Act applies to the work that you are planning you should seek professional advice.
|