Basically a party wall sits astride a boundary to land owned by 2 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 actually a Party Fence Wall for the purpose of the Act.
The word Party Structure is additionally found in the Act. A floor structure separating flats is just 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 as much as 6 metres of a structure over a neighbouring property which have the potential to undermine the foundations of the structure
And so the Act pertains to my works, what exactly do I actually do now?
In the event the Act applies you will be obliged to provide an event Wall Notice on your neighbour, setting out specifics of the works at hand and providing key information including plans, proposed commencement dates etc. When it comes to adjacent excavations you might need to provide specialist details of foundations.
You will be obliged to provide your neighbours between 1 and two months notice of commencement of employment based on which area of the Act applies.
What will happen if my neighbour objects to my Party Wall Notice?
The Act gives you the authority to complete various types of work with or around the boundary line so provided your works are protected by the Act your neighbour’s objection cannot hold you back going ahead and can mean srakvo you happen to be obliged to adhere to the Dispute procedure lay out under Section 10 in the Act.
This calls for you to definitely appoint a celebration Wall Surveyor to do something as your representative. Your neighbour has the right to appoint their particular surveyor or they may agree in the appointment of the single ‘Agreed’ surveyor. Where two Party Wall Matters London are appointed they will agree on the appointment of a third surveyor to adjudicate/referee where two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets the rights and obligations of the two of you and features a Schedule of Condition in the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This is a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed from the survey and upon completion the Agreement is served on the owners. This is a legally binding document which may be enforced through the County Court where necessary.