Party wall issues? Here are a few tips: Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. Where a wall separates two different size buildings often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands. The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls. Section 20 of the Act defines each: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner; “party structure” means a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances;
Certain works which are likely to affect your neighbours are covered by the Party Wall etc. Act 1996. This legislation provides protection to all parties involved and is intended to enable the works to be undertaken. In the event of non-cooperation from your neighbour or disagreement, party wall surveyors agree how the works should be carried out, including necessary protection measures and rectification of any damage. The purpose of the act is to avoid litigation by dealing with potential problems up front.
People often find that implementing the Party Wall Act can be frustrating and expensive. It is not unusual for a building project to be delayed by a couple of months and surveyor’s fees to run to a couple of thousand pounds just for the Party Wall aspect on what might be considered to be a fairly straightforward alteration to a domestic property. To help you navigate your way through the Act we will take a look at the most common problems from the point of view of the party planning the works.
The Party wall act, the Party Wall etc. Act 1996 act to give its full name is a piece of legislation that was mainly transferred from Part VI of London Building Acts (amendment) Act 1939, it applies in England and Wales. The main purpose of the act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law, when undertaking certain types of construction as defined by the Act. As well as these rights it obliges Building owners to give appropriate notice and for the relevant notice period if they intend on carrying out the defined work. See extra details on Party wall surveyor cost.