Party Wall Matters
The Party Wall etc. Act allows owners to cut into a party wall, raise a party wall, remove projections from a party wall and carry out other ancillary works, subject to serving notices on the opposite neighbour, usually referred to as the Adjoining Owner.
Under the Act, the owner wishing to carry out works to a party wall is usually referred to as the Building Owner. Works to a party wall require the building owner to provide at least two months minimum notice prior to any works starting on the wall. We can act as Building Owner's Surveyor and prepare relevant Notices under the Act. Once formal Notices have been prepared and served we can continue with formal negotiations in order to agree and publish a formal Party Wall Award. Works may then start to the party wall.
Under the Act, the neighbouring owner is usually referred to as the Adjoining Owner. We can act on your behalf if you have been served with a Notice under the Act. If a Notice has been served, you have 14 days to respond agreeing to the proposed works to the wall, usually referred to consenting to the works. If after the 14 day period, you have not responded and confirmed your agreement of the works proceeding, under the Act you will be deemed to have disagreed ('dissented') to the works and you will be required to appoint a surveyor to negotiate your disagreement. Usually, but not always, the building owner, will be required to pay for your reasonable surveyors costs in relation to party wall matters only.
The Party Wall etc. Act 1996, also refers to certain works within close proximity of another property. Notices are required also to be served if excavation works are to be carried out within 3 metres of an adjacent property and with piled foundations within 6 metres of adjacent property. The Act also recognises that boundary walls, and party fence walls are structures that should be dealt with by the same legislation and notices may be required if you are proposing to carry out works to these walls.
« Back to Services Contract Administration »