Party Wall Act – Owners

HomeParty Wall Act – Owners

Party Wall Act – Owners

The Party Wall surveyor Bromley aims to explain in simple terms how the Party Wall etc. Act 1996 (“the
Act”) may affect someone who either wishes to carry out work covered by the Act (the
“Building Owner”) or receives notification under the Act of proposed adjacent work (the
“Adjoining Owner”).
Under the Act, the word “owner” includes the person(s), company or other body:
 holding the freehold title;
 holding a leasehold title for a period exceeding one year;
 under contract to purchase such a freehold or leasehold title;
 entitled to receive rents from the property.
There may therefore be more than one “owner” of a single property. This is only about the
Act, which is separate from planning or building regulations control. You must remember that
reaching agreement with the Adjoining Owner or owners under the Act does not remove the
possible need to apply for planning permission and/or to comply with building regulations
procedures.
Conversely, gaining planning permission or complying with the building regulations does not
remove the need to comply with the Act where it is applicable. If you intend to carry out
building work which involves one of the following categories:
 building a free standing wall or a wall of a building up to or astride the boundary with a
neighbouring property (section 1 of the Act)
 work on an existing party wall surveyor Balham or party structure or building against such a party wall or
party structure (section 2 of the Act)
 excavating near a neighbouring building (section 6 of the Act) you must find out whether
that work falls within the Act. If it does, you must notify all Adjoining Owners.
If work starts without a notice being given, an adjoining owner can seek to stop the work
through a court injunction or seek other legal redress.

For more information visit https://partywallssurveyors.co.uk/ or contact 0203 239 8666 / 0777 3360033


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