What does the Act do?
The Act came into force on 1 July 1997 and applies throughout England and Wales. (The Act does not apply to Scotland or Northern Ireland)
The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.
Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners notice of their intentions. The Act applies even to Crown, Government and Local Authority owned property.
Where the intended work is to an existing party wall (section 2 of the Act) a notice must be given even where the work will not extend beyond the centre line of a party wall surveyor Carshalton
Note: A party wall may not necessarily have a boundary running through its centre line for the whole of its length but for only part of its length.
It is often helpful in understanding the principles of the Act if owners think of themselves as joint owners of the whole of a party wall rather than the sole owner of half or part of it.
Adjoining Owners can agree with the Building Owner’s proposals or reach agreement with the Building Owner on changes in the way the works are to be carried out, in their timing and manner.
Where a dispute arises in relation to a new party wall or party fence wall under section 1, and where there is no written consent by the Adjoining Owner within fourteen days to a notice served in relation to an existing structure under section 2 or an excavation under section 6, the Act provides for the matter to be resolved by a surveyor or surveyors in a procedure for the resolution of disputes.
What does the Act cover?
- Various work that is going to be carried out directly to an existing party wall surveyor Crystal Palace or party structure
- New building at or astride the boundary line between properties
- Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the hole or proposed foundations.
Work may fall within more than one of the above categories and involve different types of buildings and structures for example, houses, garages and office buildings.
If you are not sure whether the Act applies to the work that you are planning, you may wish to seek professional advice.
For more information visit https://partywallssurveyors.co.uk/ or contact 0203 239 8666 / 0777 3360033