Party Wall Etc, Act 1996
The party wall Act has been law since 1997. All home owners undertaking extensions, loft rooms or excavations work within 3m of a neighbouring property or new boundary walls are obliged under the act to serve notice on their adjoining owners. Once the notice has been served the adjoining owner has 14 days to respond.
The Adjoining Owner can do one of 3 things;
1. consent to the notice and works proposed.
2. dissent to the notice and dispute the notice,
3. Not request a Party Wall Agreement but set certain conditions, such working hours, schedule of condition or rights of access.
Once a dispute has arisen the building owner and adjoining owners should appoint party wall surveyors.
Simon Matthew & co. Ltd have been working with the Act since 1997 and have a wealth of experience in the Party Wall etc.Act 1996 and can offer our experience to either building owners, adjoining owners or when both parties agree to an agreed surveyor. The adjoining owners surveyors fees are met by the Building Owner the party undertaking the work. The fees are only shared in cases of maintenance work or repair to a party wall where both parties have a mutual benefit.
Once the notices have been served and a dispute has arisen, the party wall surveyors will meet at the adjoining owners property and undertake and a schedule of condition . This schedule of condition is used in the event of damage occuring to the adjoining property. The schedule of condition is attached to the party wall agreement . The party wall agreement will set out the rights and obligations of the building owner and the adjoining owners property and resolve disputes relating to damage which occurs related directly to the works carried out under the Party Wall Act.
if you wish to discuss the party wall act or how to serve notices or need to appoint a surveyor please contact our office and we will endeavour 2 assist you through the process.