Basically a party wall sits astride a boundary to land of several different owners and forms part of a building on a single or both properties. A wall which sits astride the boundary but doesn’t form part of a building is a Party Fence Wall for the purpose of the Act.
The term Party Structure is also found in the Act. A floor structure separating flats is 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 up to or sat astride the boundary line
Excavations are completed up to 6 metres of any structure on a neighbouring property which have the possibility to undermine the foundations of the structure
And so the Act applies to my works, what do I actually do now?
If the Act applies you may be obliged to serve a Party Wall Notice on the neighbour, setting out details of the works on hand and providing key information like plans, proposed commencement dates etc. With regards to adjacent excavations you may have to provide specialist specifics of foundations.
You will end up obliged to give your neighbours between 1 and two months notice of commencement of labor depending 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 focus on or across the boundary line so provided your works are covered by the Act your neighbour’s objection cannot hold you back going ahead and can mean srakvo you might be obliged to adhere to the Dispute procedure lay out under Section 10 from the Act.
This requires you to appoint an event Wall Surveyor to act on your behalf. Your neighbour has the right to appoint their very own surveyor or they may agree inside the appointment of the single ‘Agreed’ surveyor. Where two Party Wall Surveyors London are appointed they will likely agree on the appointment of a third surveyor to adjudicate/referee where two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out your rights and obligations of both parties and features a Schedule of Condition of the neighbouring property to record its condition before works start.
What exactly is a Party Wall Agreement/Award?
This is a written document prepared by the surveyor detailing the rights and obligations from the owners. The contents are agreed from the survey and upon completion the Agreement is served on the owners. It is a legally binding document which can be enforced from the County Court where necessary.