Independent Chartered Surveyors:

The Party Wall Act

 

I have Planning Permission why do I need to bother with the Party Wall Act?
 
The truth is, Planning Permission may not be enough. 
 
More importantly, legal action can be very costly. 
 
The Party Wall Act is an enabling act designed to protect Building Owner (someone carrying out building works) and adjoining owners. 
 
Compared to legal action, the cost of appointing a Party Wall Surveyor relatively small.
 
Building Owners
 
If you are the building owner and are carrying out building works
We can help you identify exactly which neighbouring properties fall within the scope of the Party Wall etc. Act.
You can instruct us to serve party wall notices.
We can prepare and agree a party wall award, (sometimes also referred to as a party wall agreement).
We can produce a schedule of the condition of the neighbouring properties, to ensure that you are not held responsible for any pre-existing defects.
Adjoining Owner
If you are an adjoining owner and your neighbour is carrying out building works
We can advise you of your rights under the Party Wall etc Act.
Ensure all controls are in place to minimise the risk of damage to your property.
Monitor the building works and identify any damage to your property.
Note, under the Act, the next door neighbour / developer is required to pay our fees on your behalf.
Check with your Local Council for Planning Permission
Get an injunction if Building owners fail to serve a notice under the Act
 
Initial Consultation
 
For initial consultation with a party wall surveyor or to get the party wall process underway immediately, call us now on freephone 0800 298 9244 or 07940 875076 or email info@andrewrwilliams.co.uk 
IF YOU HAVE RECEIVED A NOTICE give is a call. 
You would be advised to consult a surveyor and subject to the surveyor's advice have a Party Wall Agreement (Statutory Consent) or a Party Wall Award. If you sign a generic agreement form following notice you are waiving your right to appoint a surveyor. In this case the person undertaking the work can proceed without making a schedule of condition of your property and if damage is caused it will be harder to prove and you would have to pursue any claim yourself. 
IF YOU ARE A BUILDING OWNER and you propose to
 
Cut into a part wall for structural bearings, cut away chimney breasts or projections, raise or rebuild a party wall, underpin a party wall, expose a party wall to weather or cut a flashing into your neighbour's wall you need to serve a PARTY STRUCTURE NOTICE on your neighbouring owner a minimum of 2 months before the works are scheduled to start. You can get a Party Structure Notice without charge by clicking at the foot of this page. If a neighbour does not respond to a notice within 14 days a surveyors must be appointed. Please contact us for more advice. 
 
IF YOU ARE A BUILDING OWNER and you propose to:
Excavate for foundations, underground drains or any other reason within 3 metres of the foundations of your neighbours building and to a lower depth than the foundations of your neighbour's building OR if you intend to excavate within 6 metres of the foundations of your neighbours building and to a lower depth than a line struck at 45 degrees down from the underside of the foundations of your neighbour's building then you need to serve a NOTICE OF ADJACENT EXCAVATION on your neighbouring owner a minimum of 1 month before the works are scheduled to start. You can get a Notice of Adjacent Excavation by clicking the link at the foot of this page. To be valid a Notice of Adjacent Excavation must be accompanied by drawings showing the site and the depth of the proposed excavation. If a neighbour does not respond to a notice within 14 days a surveyor or surveyors must be appointed.
 
IF YOU ARE A BUILDING OWNER and you propose to 
Build a new wall either as a Party Wall astride the boundary (Line of Junction) with your neighbour's property OR if you intend to build a new wall wholly on your own property close to or along the boundary (Line of Junction) with your neighbour's property you must serve a LINE OF JUNCTION NOTICE on your neighbouring owner a minimum of 1 month before the works are scheduled to start. After serving a LINE OF JUNCTION NOTICE you have rights to access your neighbours property for construction. This applies when the boundary is currently not built upon or where it is built upon only by a boundary wall which is not the enclosing wall of a building or a Party Wall. 
The Party Walls Surveyor (s)
The party wall surveyors will prepare a fair and impartial Party Wall Award which will deal with the right to execute the party wall works, the time and manner of executing any party wall work, and any other matter that arises between the parties connected to the party wall works. In all normal circumstances the Party Wall Surveyors will prepare a report, called a “schedule of condition”, of the neighbouring property before works start in order to protect the interests of both parties in the event of a later claim for damages.
Party Wall Costs
Usually the Building Owner proposing the works will pay all party wall costs associated with drawing up the Party Wall Award if the works are solely for his/her benefit. 
 
St Helens 01744 644 042
Liverpool 0150 426 9660
Warrington 01925 670 447
Manchester 0161 956 2358
info@andrewrwilliams.co.uk