In Right of Light Consultants St Pancras sits astride a boundary to land owned by two or more different owners and forms section of a building using one or both properties.
A wall which sits astride the boundary but will not form section of a building is a Party Fence Wall for the purposes of the Act.
The word Party Structure can be used in the Act. A floor structure separating flats is one example of a celebration Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to a preexisting Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of this structure
So the Act applies to my works, what do I do now?
If the Act applies you may be obliged to serve a celebration Wall Notice on your own neighbour, setting out information on the works at hand and providing key information such as for example plans, proposed commencement dates etc. Regarding adjacent excavations you may need to provide specialist details of foundations.
You can be obliged to give your neighbours between 1 and 2 months notice of commencement of work depending on which section of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
The Act offers you the right to complete various types of focus on or about the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but will mean that you are obliged to check out the Dispute procedure set out under Section 10 of the Act.
This requires one to appoint a celebration Wall Surveyor to act in your stead. Your neighbour has the right to appoint their very own surveyor or they could agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they will acknowledge the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
It is a written document made by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is a legally binding document which may be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who have been dealing with the Party Wall Act since its inception in 1996. You can be dealt with by a specialist Party Wall Surveyor with experience of all aspects of the Act who can advise you simply and clearly how best to meet your obligations under the Act.