In simple terms a party wall sits astride a boundary to land owned by two or more different owners and forms section of a building using one or both properties.
A wall which sits astride the boundary but will not form part of a building is a Party Fence Wall for the purposes of the Act.
The word Party Structure is also used in the Act. A floor structure separating flats is one example of a celebration Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected up to or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of this structure
So the Act applies to my works, what do I really do now?
If the Act applies you can be obliged to serve a celebration Wall Notice on your own neighbour, setting out details of the works at hand and providing key information such as for example plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist information on foundations.
You will end up obliged to provide your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.
What goes on if my neighbour objects to my Party Wall Notice?
The Act gives you the right to perform various types of work on or around the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but means that you will be obliged to follow the Dispute procedure lay out under Section 10 of the Act.
This requires one to appoint a celebration Wall Surveyor to act in your stead. Your neighbour gets the right to appoint their very own surveyor or they could agree in the appointment of an individual 'Agreed' surveyor. Where two surveyors are appointed they'll acknowledge the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and carries a Schedule of Condition of the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This can be a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is the legally binding document and this can be enforced by the County Court where necessary.
Evans Jones certainly are a team of Chartered Building Surveyors in Cheltenham, who have been dealing with the Party Wall Act since its inception in 1996. more info will end up dealt with by a specialist Party Wall Surveyor with connection with all aspects of the Act who is able to help you simply and clearly how far better meet your obligations beneath the Act.