Party Wall Advice
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The Party Wall etc Act 1996 exists to enable construction work in built up environments where properties are constructed in close proximity to one another. The Act attempts to serve the interests of both the Building Owner (party undertaking the works) and the Adjoining Owner (party next to the works). The Act exists to essentially protect the ‘structure’. Party wall surveyors are appointed to administer the Act impartially and not to represent owners.
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If you are physically cutting into the party structure or boundary wall, you may be obligated to give two months written notice to your neighbours before starting any party wall/structure works or one month for ‘line of junction’ or excavation works.
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Notifiable works generally include the following activities:
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o Cutting into a wall to take the bearing of a beam for loft extensions, for example
o Inserting a damp proof course
o Raising a party wall or cutting away projections
o Demolishing and rebuilding a party wall
o Underpinning a party wall
o Weathering the junction of adjoining walls for cutting in flashings etc
o Excavating within three metres of a neighbour’s structure and lower than its foundations
o Excavating within six metres of a neighbour’s structure and below a line drawn down at 45˚ from the bottom of its
foundations.
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Tenderleaf Consulting Ltd can be appointed by the Building Owner or the Adjoining Owner. In some cases, the surveyor can act as Agreed Surveyor for both parties to administer the Act impartially if both parties consent to this option.
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Party Wall surveyors will undertake the following services:
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1. Serving of Notices
2. Preparation of Awards and Schedules of Condition
3. Negotiation and publication of Awards
If you are considering works to (or near) a party wall/structure (a structure can include a floor between two flats, for example), or discover that your neighbours are considering such work, it is recommended to appoint a chartered building surveyor to act on your behalf at the outset. An experienced party wall surveyor can advise on the correct procedure prior to commencing the work.
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We would be more than willing to provide free advice over the telephone so please do not hesitate to call us should you require assistance.
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For more information click on the image below for a link to the Department for Communities and Local Government Explanatory Booklet:
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