Posted by Marian Vasilescu on July 15, 2019 in Business
Party wall issues? Here are some tips: What is not covered by the Act? The Act relates only to certain specific types of work and is permissive in nature. It should not be seen as a method of objecting to or preventing works and it is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall. It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. Notices: The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act. Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each property (ie: if the adjoining property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
Certain works which are likely to affect your neighbours are covered by the Party Wall etc. Act 1996. This legislation provides protection to all parties involved and is intended to enable the works to be undertaken. In the event of non-cooperation from your neighbour or disagreement, party wall surveyors agree how the works should be carried out, including necessary protection measures and rectification of any damage. The purpose of the act is to avoid litigation by dealing with potential problems up front.
As the party planning the works, you will have complete control over whom the surveyor you appoint and what they charge. You will either agree a fixed fee or an hourly rate. The same cannot be said of your neighbour’s surveyor (if you cannot agree on an Agreed Surveyor) as he is chosen by your neighbour and is not required to state his fee until just before the award is published. If you or your surveyor consider the fee demanded to be unreasonable, it should be referred to the ‘Third Surveyor’ for review although this will incur a further fee and take another couple of weeks. The Third Surveyor is selected by the two appointed surveyors at the start of the process to resolve disputes.
The Party wall act, the Party Wall etc. Act 1996 act to give its full name is a piece of legislation that was mainly transferred from Part VI of London Building Acts (amendment) Act 1939, it applies in England and Wales. The main purpose of the act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law, when undertaking certain types of construction as defined by the Act. As well as these rights it obliges Building owners to give appropriate notice and for the relevant notice period if they intend on carrying out the defined work. Read extra info at https://www.partywall.pro/.