What Is a Party Wall?
In simple terms a celebration wall sits astride a boundary to land owned by two or more different owners and forms part of a building on one or both properties.
A wall which sits astride the boundary but will not form part of a building is a Party Fence Wall for the purposes of the Act.
The word Party Structure can be used in the Act. A floor structure separating flats is one of these of a celebration Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to a preexisting Party Wall or Party Structure
New buildings or structures are erected up to or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of that structure
So the Act pertains to my works, what do I really do now?
If the Act applies you may be obliged to serve a celebration Wall Notice on your neighbour, setting out information on the works at hand and providing key information such as plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist information on foundations.
You will end up obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which portion of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
The Act offers you the right to perform various types of focus on or around the boundary line so provided your works are covered by the Act your neighbour's objection cannot stop you going ahead but means that you are obliged to check out the Dispute procedure lay out under Section 10 of the Act.
This requires one to appoint a Party Wall Surveyor to do something in your stead. Your neighbour gets the right to appoint their own surveyor or they may agree in the appointment of an individual 'Agreed' surveyor. Where two surveyors are appointed they'll agree on the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This can be a written document prepared by the surveyor detailing the rights and obligations of the owners. https://westmidlandssurveyor.co.uk/best-party-wall-surveys-west-midlands/ are agreed by the survey and upon completion the Agreement is served on the owners.
This is a legally binding document and this can be enforced by the County Court where necessary.
Evans Jones certainly are a team of Chartered Building Surveyors in Cheltenham, who have been working with the Party Wall Act since its inception in 1996. You may be dealt with by way of a specialist Party Wall Surveyor with connection with all aspects of the Act who can advise you simply and clearly how far better meet your obligations beneath the Act.