Party Walls
When it comes to party walls we have a wealth of knowledge gained over many years in dealing with the intricacies of the Party Wall Etc Act 1996 and its previous versions.
If you (Building OwnerThe person (or company) who initiates any work on his or her side of a wall is described as the building owner.) or your neighbour (Adjoining OwnerThe person(s) on the other side of the building owner.) intends to build on or close to the boundary, then you must find out whether the work you intend to carry out falls within The Party Wall etc. Act 1996. This includes work which involves:
- work on an existing wall sharedListed below are examples of some of the most common types of works carried out where notification is required under this Act.:
 Cutting in to the wall to take the bearing of a beam (e.g.to take a beam when making a though lounge, or in a loft conversion).
 Raising the height of the wall and/or increase thickness of the wall.
 Inserting a damp proof course.
 Underpinning the whole thickness of the party wall, along part or all of it.
 Demolishing and rebuilding the party wall.
with another property.
- building on the boundaryIf you wish to install a party fence/wall you will be required to give notice. with a neighbouring property.
- work involving excavating near a boundaryYou will be required to give notice if you plan to excavate and construct foundations for a new structure within 3.0m of a neighbouring property or within 6.0m if the works will cut a line drawn downwards at 45° from the bottom of the neighbourÂs foundation from a point in line with the outside face of such building or structure..
It is essential that you or your neighbour understands the obligations to notify adjoining ownersIt is advisable to discuss your proposal with the adjoining owners to your property before giving any notice. After the discussion you can then inform them in writing by way of a notice and this must include:
 Your own name and address (Joint owners must also be named)
 Address of building to be worked on.
 Full description of the works you are proposing, which can be in drawing form. (Some notices must be accompanied with a drawing).
 When you propose to start works.
It is often at this stage that the adjoining neighbour becomes anxious and one or more surveyors will need to become involved. and to be aware of the circumstances under which a disputeIf the adjoining owners give their consent in writing within 14 days then it should generally be all right to commence work on the agreed date, subject to certain safeguards by way of agreement and schedules.
However the adjoining owner may disagree in writing and require a surveyor to be appointed at the building owners expense.
If the adjoining owner does not reply to a notice within 14 days then it is considered that there is a dispute, whereupon Section 10 of the act comes into force. can arise.
There will also be a need to have a formal document prepared detailing the protection provided to the adjoining building. We bring together all these elements in a document known as a Party Wall Award, which has legal standing.
We are able to prepare and serve on your behalf all the appropriate documents, as required by the Party Wall Etc Act 1996 and agree who is to be the Third SurveyorA Third Surveyor is a respected Party Wall Surveyor that is called upon to referee upon a dispute by the two surveyors if they are unable to agree on matters..
Contact us to discuss your concerns. We may in certain circumstances be able to provide advice that in the long term will save you considerable expense.
Remember, the Party Wall Etc Act 1996 must be complied with, as a breach of the Act can result in a claim for damages.