Basically a party wall sits astride a boundary to land of two or more different owners and forms part of a building on one 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 word Party Structure can also be utilized in the Act. A floor structure separating flats is one demonstration of a celebration Structure. When does the Party Wall Act apply?
The Act will apply when:
Various works are completed for an existing Party Wall or Party Structure
New buildings or structures are erected approximately or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure
Therefore the Act applies to my works, what exactly do I really do now?
In the event the Act applies you will end up obliged to serve a Party Wall Notice on the neighbour, setting out information on the works on hand and providing key information including plans, proposed commencement dates etc. When it comes to adjacent excavations you may need to provide specialist details of foundations.
You may be obliged to give your neighbours between 1 and 2 months notice of commencement of labor according to which area of the Act applies.
What will happen if my neighbour objects to my Party Wall Notice?
The Act offers you the authority to complete various work with or across the boundary line so provided your works are included in the Act your neighbour’s objection cannot hold you back going ahead and definitely will mean srakvo you happen to be obliged to adhere to the Dispute procedure lay out under Section 10 in the Act.
This requires one to appoint an event Wall Surveyor to do something as your representative. Your neighbour has the authority to appoint their own surveyor or they might agree in the appointment of the single ‘Agreed’ surveyor. Where two Party Wall Surveys London are appointed they are going to agree on the appointment of the third surveyor to adjudicate/referee in which the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out your rights and obligations of the two of you and includes a Schedule of Condition in the neighbouring property to record its condition before works start.
What exactly is a Party Wall Agreement/Award?
This is a written document prepared from 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. This is a legally binding document which can be enforced from the County Court where necessary.
