Party Wall Matters
The Party Wall Etc. Act 1996 provides that where a ‘Building Owner’ (as defined by the Act) intends to carry out work which is covered by the Act, it is required to notify ‘Adjoining Owners’ and seek their agreement for the proposed works. Should an Adjoining Owner disagree with or ‘dissent’ to the work, the Act provides a framework for preventing and resolving disputes in relation to proposed works to party walls, party structures and walls on or about boundaries and also, on some occasions, where excavations are proposed.
In the event that dispute resolution is required, a single ‘Agreed Surveyor’ or, alternatively, two surveyors (with a third surveyor if needed) can be appointed (in the latter case, one by the Building Owner and one by the Adjoining Owner) to produce an ‘Award’ setting out matters such as the extent of notifiable work that will be carried out, when this work can be undertaken and, possibly, specifying additional works required e.g. if it is necessary to protect an Adjoining Owner’s property.
The Award often includes a Schedule of Condition of the Adjoining Owner’s property prepared before the work begins (in order that damage to adjoining land or buildings may be properly assessed and made good).
We are able to provide advice to Building Owners planning works as to their potential responsibilities and obligations under the terms of the Act and, should a dispute occur, provide a person to act as an appointed surveyor on behalf of either the Building Owner, Adjoining Owner or acting as the Agreed Surveyor.
Early stage consideration of the provisions of the Party Wall Etc. Act 1996 and their relevance to a building project, together with good preparation can save a building owner considerable time and effort in resolving subsequent disputes.
For a government explanation booklet click here