In easy terms a party wall sits astride a limit to land belonging to two or more various owners and types part of a building on one or both residential or commercial properties.
A wall which sits astride the limit but does not form part of a building is a Party Fence Wall for the functions of the Act.
The term Party Structure is also utilized in the Act. A floor structure separating flats is one example of a Party Structure.
When does the Party Wall Act apply?
The Act will use when:
Different works are completed to an existing Party Wall or Party Structure
New structures or structures are erected up to or sat astride the border line
Excavations are completed approximately 6 metres of a structure on a neighbouring residential or commercial property which have the prospective to weaken the structures of that structure
So the Act applies to my works, what do I do now?
If the Act applies you will be required to serve a Party Wall Notification on your neighbour, setting out details of the works at hand and providing essential information such as strategies, proposed start dates etc. When it comes to adjacent excavations you might need to offer professional details of structures.
You will be required to provide your neighbours in between 1 and 2 months notice of beginning of work depending upon which section of the Act applies.
What occurs if my neighbour objects to my Party Wall Notification?
The Act provides you the right to finish different kinds of work on or around the boundary line so supplied your works are covered by the Act your neighbour's objection can not stop you proceeding but will suggest that you are obliged to follow the Disagreement treatment set out under Section 10 of the Act.
This requires you to select a Party Wall Surveyor to act upon your behalf. Your neighbour has the right to designate their own surveyor or they might agree in the visit of a single 'Agreed' property surveyor. Where 2 surveyors are selected they will settle on the appointment of a third property surveyor to adjudicate/referee where the 2 property surveyors can not concur.
The property surveyor prepares the Agreement/Award which sets out the rights and responsibilities of both parties and consists of a Set up of Condition of the neighbouring home to tape-record its click here condition before works begin.
What is a Party Wall Agreement/Award?
This is a written document prepared by the property surveyor detailing the rights and responsibilities of the owners. The contents are agreed by the survey and upon conclusion the Agreement is served on the owners.
This is a lawfully binding document which can be implemented by the County Court where required.