In basic terms a party wall sits astride a border to land coming from two or more various owners and types part of a building on one or both residential or commercial properties.
A wall which sits astride the boundary however does not form part of a building is a Party Fence Wall for the functions of the Act.
The term Party Structure is also utilized 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 use when:
Various works are finished to an existing Party Wall or Party Structure
New structures or structures are erected as much as or sat astride the boundary line
Excavations are finished up to 6 metres of a structure on a neighbouring home which have the prospective to weaken the foundations of that structure
So the Act uses to my works, what do I do now?
If the Act uses you will be obliged to serve a Party Wall Notice on your neighbour, setting out details of the works at hand and supplying essential details such as plans, proposed start dates etc. When it comes to surrounding excavations you might need to supply specialist details of structures.
You will be obliged to provide here your neighbours between 1 and 2 months notice of beginning of work depending on which area of the Act uses.
What occurs if my neighbour challenge my Party Wall Notice?
The Act offers you the right to complete different kinds of deal with or around the border line so supplied your works are covered by the Act your neighbour's objection can not stop you going ahead but will mean that you are obliged to follow the Conflict treatment set out under Area 10 of the Act.
This needs you to appoint a Party Wall Property surveyor to act upon your behalf. Your neighbour has the right to appoint their own surveyor or they might concur in the consultation of a single 'Agreed' surveyor. Where two surveyors are designated they will settle on the consultation of a third surveyor to adjudicate/referee where the two property surveyors can not concur.
The property surveyor prepares the Agreement/Award which sets out the rights and commitments of both celebrations and consists of a Schedule of Condition of the neighbouring property to tape-record its condition before works start.
What is a Party Wall Agreement/Award?
This is a written document prepared by the surveyor detailing the rights and responsibilities of the owners. The contents are concurred by the survey and upon conclusion the Contract is served on the owners.
This is a legally binding document which can be enforced by the County Court where necessary.