In simple terms a party wall sits astride a boundary to land owned by several different owners and forms part of a building on one or both properties.
Learn more here 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 term Party Structure can be used in the Act. A floor structure separating flats is one example 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 around or sat astride the boundary line
Excavations are completed around 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 do now?
If the Act applies you can 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 plans, proposed commencement dates etc. Regarding adjacent excavations you may need to provide specialist details of foundations.
You will be obliged to provide your neighbours between 1 and 2 months notice of commencement of work depending on which section 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 focus 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 will mean that you are obliged to follow the Dispute procedure lay out under Section 10 of the Act.
This requires you to appoint a celebration Wall Surveyor to do something in your stead. Your neighbour has the right to appoint their very own surveyor or they could 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 in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This 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 can be 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 working with the Party Wall Act since its inception in 1996. You may be dealt with by way of a specialist Party Wall Surveyor with experience of all aspects of the Act who is able to advise you simply and clearly how best to meet your obligations under the Act.