As a building owner, do you intend to:

Work on an existing wall, ceiling or floor structure distributed to another property

Build on or at the boundary with another property?

Excavate near a neighbouring building or structure?

If you’re planning any of these works, you must find out if the work falls within the scope of the Party Wall etc. Act 1996. The Act was introduced by the Government in 1997, covering the whole of England and Wales to regulate building works to adjoining properties. It is intended to enable work to proceed while protecting adjoining owners and occupiers who could be affected by the task. Beneath the Act, the building owner who wishes to conduct such work must definitely provide notification in sufficient time and in writing to adjoining owners of the proposed work. Adjoining owners can be owners or occupiers of adjacent residential, commercial and industrial land or buildings.

If you share a celebration wall, party structure or perhaps a party fence wall with another, you might be governed by the provisions of the Act. Party walls are walls utilized by more than one owner, including the dividing wall between two houses. Floors between flats are party structures. Boundary walls could be party fence walls. Loft conversions, extensions, structural work on a party wall such as removing a chimney breast, excavation near another building or structure to a depth that exceeds that of the neighbour’s foundations, or alteration to a masonry party garden wall are examples of work governed by the Act.

If the Party Wall Act applies to the planned work, the building owner is obliged to serve notice on the adjoining owner/occupier. Upon written consent by the adjoining owner, the task can proceed. Party Wall Surveys Low Hill is advisable to take a Schedule of Condition, that is a report of the existing condition of a building or structure, before work commences. If the adjoining owner disagrees with the proposed work, the Party Wall Act serves to resolve the dispute.

Resolving disputes

In the event of a dispute between owners, the Act provides procedures for appointing surveyors who is able to resolve issues by way of an award, specifying the format to carry out the work. An award allows the building owner the proper to conduct work beneath the Act, while ensuring the work is done in a manner that protects the adjoining owners’ interests. The surveyor may inspect the work during its progress to ensure all is being completed properly and fairly.

What you should do

Before commencing any building work, check to see if the Party Wall Act applies. Failure to comply with the Act could result in the works being unlawful. If in down consult with a qualified party wall surveyor who is ideally an associate of the Faculty (FPWS), because they will have been trained to advise on party wall matters and are bound by the Faculty’s Code of Conduct.