The Party Wall Act - Implications for several Parties

The UK Party Wall Act of 1996 was enacted to prevent and solve disputes between neighbors who share a standard boundary. Right of Light Consultants Southborough defines the rights of owner's of buildings in regards to any building, alteration, renovation or repair work to boundaries and walls between adjacent properties.

MOSTLY Used Rights

The most popular rights by building owner's are as follows:

Adjacent excavation and construction
Construction of new party and boundary walls
Cutting into walls to take beam bearings or to insert damp proofing
Demolish and rebuild a common boundary
Increase the height of a wall
Increase the thickness of a wall
Underpin the party wall

Your Duties Beneath the Act

If you intend to carry out any work to common boundaries, you need to give notice to all or any adjoining home owners. You cannot cut into your side of the party wall without informing your neighbors of your intentions. The act does not provide for any specific enforcement procedures but if you neglect to serve notice, you risk being served with a court injunction or your neighbor(s) may seek various other legal redress.

Your neighbors cannot stop you from exercising your rights beneath the Party Wall Act however they have a say in when and how the work is undertaken. The act also expressly states that you may not cause unnecessary inconvenience to your neighbors. Inconvenience in cases like this specifically refers to any additional nuisance over and above that which would predictably occur when the work is carried out in the correct manner.

Owners of adjoining properties should take notice that the main reason for the Party Wall Act is to facilitate development and isn't meant to be considered a hindrance. In the event you fail to respond to a notice given beneath the act, the developer/building owner may appoint a surveyor in your stead and the dispute resolution process will proceed without your consent.

Appointing a Party Wall Surveyor

In the case an agreement cannot be reached between adjoining property owners, the legal requirement is to appoint a celebration Wall Surveyor. Surveyors are legally mandated to do something impartially; they should not favor the appointing owner. The property owners could also appoint a surveyor each for them to arrived at an agreement with the person. However, that is a more expensive and time-consuming option. In the former case, the owner intending to undertake work pays the surveyors fees including fees reasonably incurred by his neighbor(s).

When choosing surveyor, one must be careful to appoint a professional with a history of surveys of this nature. The reason being this is the highly specialized field with serious legal implications in the event one or omission is committed.

If you are planning some work as well as your neighbor has failed to react to your notice or you are currently involved with a dispute, call AA Projects and get help from first class Party Wall Act surveyors.

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Pub: 10 Apr 2024 02:17 UTC
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