The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Act covers three distinct types of work; alterations to a shared (party) wall, the construction of new walls on the boundary and excavation work close to neighbouring properties. Where work falls within the scope of the Act it is necessary for a Building Owner to serve notice and obtain the affected Adjoining Owner’s consent.
A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes. The Act is separate from obtaining planning permission or building regulations approval.
A Party Wall Agreement is the document produced by two party wall surveyors (or the “agreed surveyor”) acting for the respective owners.
It will usually consist of three parts:
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The award itself i.e. a set of guidelines governing how the proposed works should progress
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A “schedule of condition” of the adjoining property, often supported by a set of photographs
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Drawing(s) showing the details of the proposed works
Other items covered include:
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Brief details of the proposed works
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Working hours; normally 8am to 5.30pm weekdays only of residential work
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Assurances regarding the contractor’s public liability insurance
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Indemnities by the building owner in favour of the adjoining owner
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Access arrangement for the surveyors
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A time limit for commencement of the works, usually 12 months
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The adjoining owner’s surveyor’s fee
Once the agreement has been agreed between the two surveyors it is “published”. In practical terms this means that their appointed surveyors send a signed and witnessed copy to the two owners.
Allow Chris to help you through this process efficiently and effectively. Please contact us for more information or to receive a quote.