As a building owner, do you intend to:
Work on a preexisting wall, ceiling or floor structure distributed to another property
Build on or at the boundary with another property?
Excavate near a neighbouring building or structure?
If you are planning any of these works, you must find out if the work falls within the scope of the Party Wall etc. Act 1996. The Act was introduced by the Government in 1997, covering the whole of England and Wales to modify building works to adjoining properties. It is intended to enable work to proceed while protecting adjoining owners and occupiers who could be affected by the work. Under the Act, the building owner who wishes to conduct such work must definitely provide notification in sufficient time and on paper to adjoining owners of the proposed work. Adjoining owners can be owners or occupiers of adjacent residential, commercial and industrial land or buildings.
If Click here for more info share a party wall, party structure or a party fence wall with another, you may well be governed by the provisions of the Act. Party walls are walls used by multiple owner, such as the dividing wall between two houses. Floors between flats are party structures. Boundary walls can be party fence walls. Loft conversions, extensions, structural focus on a party wall such as removing a chimney breast, excavation close to another building or structure to a depth that exceeds that of the neighbour's foundations, or alteration to a masonry party garden wall are examples of work governed by the Act.
If the Party Wall Act pertains to the planned work, the building owner is obliged to serve notice on the adjoining owner/occupier. Upon written consent by the adjoining owner, the work can proceed. It is advisable to have a Schedule of Condition, that is a report of the current condition of a building or structure, before work commences. If the adjoining owner disagrees with the proposed work, the Party Wall Act serves to resolve the dispute.
Resolving disputes
In the event of a dispute between owners, the Act provides procedures for appointing surveyors who can resolve issues through an award, specifying the format to carry out the work. An award allows the building owner the proper to conduct work beneath the Act, while ensuring the work is done in a manner that protects the adjoining owners' interests. The surveyor may inspect the task during its progress to ensure all is being carried out properly and fairly.
List of positive actions
Before commencing any building work, determine if the Party Wall Act applies. Failure to comply with the Act you could end up the works being unlawful. If in down consult with a qualified party wall surveyor who is ideally an associate of the Faculty (FPWS), because they could have been trained to advise on party wall matters and are bound by the Faculty's Code of Conduct.