What is the Party Wall Act?
The Party Wall Act is legislation in the UK that seeks to establish a framework for disputes and construction on party walls, boundaries and adjacent properties. The party wall act applies mainly to England and Wales. The Party Wall etc. (Scotland) Act 1996, and the Party Wall etc. Act (Northern Ireland) 1997 apply to Scotland and Northern Ireland respectively.
The main purpose of the Party Wall Act is to protect property owners who wish to carry out certain construction work affecting party walls shared between properties, or party walls or structures near to the boundary, while balancing each party’s rights and interests. The Act provides procedures and delineates responsibilities of all impacted by the work thus reducing disputes and providing a route for legal recourse when disputes arise.
The Party Wall Act covers three main types of work:
- The building of a new party wall: The building of a wall on the boundary line between two properties, or entirely adjacent to the boundary line.
- Cutting into a party wall: The modification of a party wall like inserting beams, removing sections.
- Excavating alongside a party wall: Excavating, or undertaking excavation works in close proximity to a party wall that may include foundations or other groundwork.
The Act sets out the duties of building owners wishing to undertake these works, and requires written notices to be served formally on the affected and adjoining owners, and tell them all relevant information, while allowing affected owners then to either give consent to work proposed by the building owner or dissent and take further action and appointing party wall surveyors.
This is also the point at which the Act defines the role of party wall surveyors as independent professionals that are appointed by the building owner or adjoining owners, to help resolve a disagreement, facilitate or mediate between the affected parties, and ensure that the provisions of the Act are adhered to. Surveyors will facilitate exchanges of information, define the scope of works, and look to protect the interests of affected parties, in addition to, if deemed necessary, prepare party wall awards that will be legally binding.
By providing a legal framework and clear guidelines, the Party Wall Act helps maintain harmonious relationships between property owners while enabling necessary construction work to proceed in a manner that protects the rights and interests of all parties concerned.
Please get in touch with us for a free consultation. Our well-versed and professional staff will determine whether the suggested work is covered by the Party Wall Act based on your drawings, which you can share with us via email or call. We offer you our best, customised, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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📍 London CR7 7RQ
📞 0203 576 0786 / 0777 3360033
📧 info@partywallssurveyors.co.uk