 The Party Wall (etc.) Act 1996 is a law designed to enable property owners to carry out any alterations / developments which have been permitted by The Local Authority whilst protecting the rights and property of their adjoining neighbours.
In most cases, The Party Wall Act is not a complex process. It is designed to enable, what can often be an emotive subject, to be dealt with smoothly and efficiently by two professional Surveyors without becoming a costly legal procedure.
Under the Act the person carrying out the building work is referred to as the Building Owner. The owners of any neighbouring properties who will be affected by the work are called the Adjoining Owners.
In most cases both the Building Owner and the Adjoining Owner appoint their own Surveyors. If a matter falls within The Party Wall Act the Surveyor’s fees are usually paid by the Building Owner as they are the one making the changes.
When is The Party Wall Act Applicable?
You should appoint a Party Wall Surveyor under the following circumstances:
Building Owner (person carrying out the work)
- If you are digging to foundation level with 3m of a neighbouring property.
- If you are going to make changes to a shared boundary wall.
Adjoining Owner (neighbour)
- If you have received a Party Wall Notice from a neighbour who proposes to dig to foundation level within 3m of your property to make changes to a shared boundary wall.
- If a neighbour has dug to foundation level with 3m of your property to make changes to a shared boundary wall without serving Notice.
Paxton Brown have experience in acting for both Building and Adjoining Owners. We are able to offer a professional service enabling this often thorny issue to be resolved smoothly and efficiently. |
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