What is the history of the law pertaining to party walls?
The Party Wall Act governs the majority of work done to party walls and is generally applicable. If it does apply, it means that you will be required to give your neighbour notice of the proposed works before beginning them (s). In the event that they do not agree to the work, you will be need to hire a surveyor in order to create a party wall award.
If, on the other hand, the works to the party wall are so slight that business of notice under the Deed is not required (for example, if the repairs to the party wall are straightforward, like replastering, or if the party wall needs to be cut into to add or replace concave wire harnesses and sockets), you can use a simple Party wall deal to record the work that will be carried out.
What exactly is a party wall, though?
The following are included in the definition of the phrase “party wall”:
a wall that is part of a building that is located on the land that is owned by two or more distinct people; this wall may be part of only one building or may separate buildings that are owned by different people.
a wall that divides the property of two different owners but is not attached to a building, such as a garden fence or berms. A wall that is built on the land of one person but is utilised by two (or more) owners of properties that are physically separate from one another.
The Party Wall Act applies to what kinds of construction projects?
erecting a brand-new wall or structure on or near the line delineating two separate parcels.
Making a hole in or doing work on a party wall or structure is considered vandalism.
Modifications made to the height, width, or depth of a party wall.
The chimney breasts on a party wall are being removed.
The party wall is going to be torn down and then rebuilt.
Digging beneath the level of the foundation of a neighbour’s property.
Different kinds of notice
For alterations that directly impact the company wall while including typical works like cutting holes to install beams and cushion stones, cutting in flashings, and removing chimney breasts, you are required to file a party structure notice.
When you are excavating within 3 or 6 metres of your neighbour’s building, you are required to provide them notice of the adjacent excavation.
For the building of a new wall near to a boundary or for the creation of a brand-new wall astride a border, you are required to submit a line of junction notification.
When is it necessary to give someone notice?
If the works that you want to do are subject to the Party Wall Act, you are required to hand deliver a party wall notice to each of the neighbouring properties that will be impacted by the work at least two months before the work is scheduled to commence. You have up to a year from the time you give notice before you are required to report for work.
If you begin work before having first properly provided notice, your neighbours have the right to seek an injunction from the court or other legal redresses in order to force you to cease the work.
What comes next once the notice has been given?
After receiving notice of the anticipated construction, your neighbour has the option of either:
provide their approval in written form.
disagreement with the written works that were proposed.
nothing at all
After a period of fourteen days following the delivery of your notice, it is considered that a dispute has been established if the recipient of the notice has taken no action in response to it. A surveyor is going to handle any disagreements that arise.
When is it necessary to have a party wall agreement or a party wall award?
Agreements on the party walls
If you are planning on carrying out construction or alterations that involve the following, you will be required to have a party wall agreement.
wall work that has been completed
flooring or roof space that is shared with another property
constructing on a property that shares a boundary with another
digging within a distance of six metres from a structure adjacent to it
Mending a party wall or other structures that are utilised in common with neighbours, such as spouts, fall pipelines, sewers, drains, wire cables, flues, crown moldings, eaves, or trough
Awards for the party wall
If you and your friend are unable to reach a consensus on the work, you will need to apply for a party wall award. An assigned surveyor will be responsible for preparing a party wall award. You and your neighbour both have the option of:
choose a surveyor between the two of you, or
Appoint a surveyor for yourselves individually.
You are not permitted to serve as your own surveyor. You have the ability to appoint a surveyor on your neighbour’s behalf if they either reject or are unable to do so on their own.
Within 14 days of receiving the award, you have the right to file an appeal with the county court if you do not agree with it. This will require you to submit a notice of appeal to a county court, along with an explanation of why you are appealing the decision.
