What Is a Party Wall?

In simple terms a celebration wall sits astride a boundary to land owned by several different owners and forms part of a building using one or both properties.

A wall which sits astride the boundary but does not form section of a building is really a Party Fence Wall for the purposes of the Act.

The word Party Structure can be used in the Act. A floor structure separating flats is one of these of a Party Structure.

When does the Party Wall Act apply?

The Act will apply when:

Various works are completed to a preexisting 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 that structure

So the Act applies to my works, what do I really do now?

If the Act applies you will be obliged to serve a celebration Wall Notice on your own neighbour, setting out information on the works at hand and providing key information such as for example plans, proposed commencement dates etc. In Party Wall Surveys Bordesley Green of adjacent excavations you may need to provide specialist details of foundations.

You can be obliged to give 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 focus on or around the boundary line so provided your works are covered by the Act your neighbour's objection cannot stop you going ahead but means that you are obliged to check out the Dispute procedure set out under Section 10 of the Act.

This requires you to appoint a Party Wall Surveyor to do something on your behalf. Your neighbour has the right to appoint their own surveyor or they may agree in the appointment of an individual 'Agreed' surveyor. Where two surveyors are appointed they'll agree on 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?

That is a written document made 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 a legally binding document that may be enforced by the County Court where necessary.

Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who've been dealing with the Party Wall Act since its inception in 1996. You may be dealt with by a specialist Party Wall Surveyor with connection with all areas of the Act who can advise you simply and clearly how best to meet your obligations beneath the Act.