PARTY WALL

PARTY WALL matters may apply when proposed works are to be located on, against or excavated adjacent to a boundary between properties.

The Department for Communities & Local Government have produced a useful guide to the Party Wall Act 1996 which can accessed from the following [LINK] – significant parts of which have been [Referenced] below.

Within the Guide the following definitions identify the parties.

Building Owner – the person planning to undertake the work, who must serve Notice [Part1. 1 & 8]

Adjoining Owner(s) – the person(s) who owns the adjoining property, who if does not respond to the Notice or give consent places the matter in dispute [Part 11. 7 & 10]

Surveyors or Agreed Surveyor – Should the matter fall into dispute then either party will be required to appoint a (surveyor + third surveyor), or which is often preferable an (Agreed Surveyor). [Part1. 12].

[Part1. 13] There are no formal qualifying requirements for surveyors, but it is hoped that it should be appreciated that a construction professional would be best placed to address technical matters such as methodologies, build quality and performance

With further ref. to this clause [13] it is important to note that a surveyor “should not have already been engaged to supervise the building work.” Therefore we must advise any owner, should you wish us to act in any surveyor role, we must advise that you first serve notice and recommend that you work with the adjoining owner to appoint us Agreed Surveyor – this an impartial role.

[Part 5] of the Guide provides useful example letters of Notice / Counter Notice etc.