Exactly what is a Party Wall?

In simple terms a party wall sits astride a boundary to land belonging to two or more different owners and forms section of a building on one or both properties.

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

The word Party Structure can be found 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 around or sat astride the boundary line
Excavations are completed around 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of this structure

So the Act applies to my works, what do I 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 accessible and providing key information such as for example plans, proposed commencement dates etc. Regarding adjacent excavations you may want to provide specialist details of foundations.

You will end up obliged to provide your neighbours between 1 and 2 months notice of commencement of work based on which portion of the Act applies.

What happens if my neighbour objects to my Party Wall Notice?

The Act gives you the right to complete various types of work 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 will mean that you are obliged to follow the Dispute procedure lay out under Section 10 of the Act.

Look at this website requires one to appoint a Party Wall Surveyor to act in your stead. Your neighbour gets the right to appoint their very own surveyor or they may agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they'll acknowledge the appointment of a third surveyor to adjudicate/referee where 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 can be a legally binding document which may 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. You will be dealt with by a specialist Party Wall Surveyor with experience of all aspects of the Act who can help you simply and clearly how far better meet your obligations under the Act.