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Learn All About the Party Wall Act
BP Surveyors provide expert Party Wall Services to South West London and surrounding areas. With over 12 years of experience on numerous building projects, we offer equitable services to both Building and Adjoining Owners and help projects proceed with minimal disruption.
To learn more about the Party Wall Act and how we can help you, call us on 0203 603 2933.
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What is the Party Wall Act?The Party Wall etc. Act 1996 is a UK law that regulates the work carried out on or close to a shared boundary or Party Wall between two adjoining properties. The Act was introduced to help resolve disputes between neighbours and provide a framework for Owners to carry out building work to their property while minimising the risks of disruption and damage to neighbouring buildings and property.
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What types of work does the Party Wall Act cover?The Party Wall Act covers several types of building work that may affect the neighbouring property, including: Building a new wall on the boundary. Cutting into or removing part of a Party Wall or structure. Underpinning a Party Wall. Repairing or replacing a Party Wall. Excavating within 3 to 6 metres of a structure on an Adjoining Owner’s land.
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Who pays for the Party Wall Surveyor?Typically, the Building Owner bears the costs associated with issuing the Party Wall Notices and whatever follows, including the fees for the surveyor appointed by the Adjoining Owner. However, there are exceptions to this rule if, for example, the proposed works are to address defects or repairs to a shared structure. In such cases, both Building and Adjoining owners may share the costs.
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What is a Party Wall Award?A Party Wall Award is a legally binding document which sets out the rights and obligations of Building and Adjoining Owners under the Party Wall etc. Act 1996. A Party Wall surveyor draws up and issues the Awards, which address aspects of the building project that fall under the Act and how they must be executed to minimise the risk of damage and disruption to the Adjoining Owner and their property.
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Party WallA Party Wall is a shared wall between two adjoining properties owned by different people or entities. The wall is located on the boundary line between the properties and is shared by the owners on either side of the wall. In most cases, the Party Wall is a wall that separates terraced or semi-detached houses but can include garden walls built on the boundary. In the case of flats and apartments, there may not be a Party Wall between the properties. However, a ceiling or floor between them may be a Party Structure, which falls under the Act and is dealt with in the same way as a Party Wall.
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Building OwnerThe Building Owner is the term used to describe the owner of the building where the proposed works are to take place. A Building Owner can be a freehold or leasehold owner of a property. It can include multiple owners of a single property where, for example, a property is owned jointly by two or more individuals. In that case, they are all considered building owners. A Building Owner may also be a company or other legal entity.
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Adjoining OwnerThe Adjoining Owner is the term used to describe the owner of a property adjoining or adjacent to the property where the works are planned. An Adjoining Owner can be a freehold or leasehold owner of a property. It can include multiple owners of a single property where, for example, a property is owned jointly by two or more individuals. In that case, they are all considered building owners. An Adjoining Owner may also be a company or other legal entity.
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Party Wall NoticeA Party Wall notice is a written notice that a Building Owner serves on their Adjoining Owner(s) to inform them of proposed building work that could affect a Party Wall or Party Fence Wall or that involves excavation or construction close to an Adjoining Owner's property. The purpose of a Party Wall notice is to advise the Adjoining Owner(s) about the planned building works, and invite them to either agree to the proposed work - proceeding without the need for a Party Wall surveyor, referred to as 'consenting' - or to appoint a Party Wall surveyor to represent their interests, referred to as 'dissenting'. The Party Wall notice must include specific information, such as a description of the proposed work, the names and addresses of the Building Owner(s) and the Adjoining Owner(s), the address of the property where the proposed work will take place, and an explanation of the rights and obligations of both the Building Owner(s) and the Adjoining Owner(s) under the Party Wall Act. Once an Adjoining Owner receives a Party Wall notice, there are two possible outcomes: - The Adjoining Owner agrees to the proposed work and must provide written consent within 14 days of receiving the notice. - The Adjoining Owner does not respond to the notice and has dissented. A 'dispute' has arisen under the Party Wall Act.
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Section 1 NoticeThis Notice is served by a Building Owner when they propose to build a new wall either up to the line of junction (boundary line) but wholly on their land, or astride the line of junction, so that it straddles the boundary. The latter requires the Adjoining Owner’s agreement. Section 1 Notices must be served at least one month before the start of the planned building works.
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Section 2 NoticeA Notice under Section 2 is served by a Building Owner when they propose to carry out works to a Party Wall, or a Party Fence Wall (such as a garden boundary wall). This includes cutting into the wall, for example to insert steel beams, or cutting away from the wall, such as removing a chimney breast. Cutting into the wall for anything other than minor fixtures and fittings may require a Notice, so we recommend calling us for advice. Bear in mind that a Notice for works carried out under section 2 of the Act must be served at least two months before the start of the works.
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Section 6 NoticeA Section 6 Notice, often referred to as a 3 metre Notice, is served by a Building Owner when they propose to carry out works which include excavation below the level of the foundations of a structure on their neighbour’s property if these excavations will be within 3 metres of the structure. In some circumstances, this could extend to 6 metres, if the excavations are particularly deep as is often the case with basement extensions. For guidance and advice, please call us.
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Party Wall AwardA Party Wall Award is a legal document which resolves disputes between Building Owners and Adjoining Owners under the Party Wall Act 1996. It sets out the rights and obligations of both parties, including the scope of building work, the obligations of the building owner to ensure safety and the rights of the Adjoining Owner(s) to receive compensation or repairs, should damage occur. In some cases, it can also include access arrangements.
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DissentIn the context of the Party Wall Act 1996, 'dissent' refers to a situation where an Adjoining Owner does not agree with the proposed building works or Party Wall Notice served by the Building Owner. If an Adjoining Owner dissents, a dispute arises. The parties must then follow the procedures set out in the Act to resolve the dispute, including appointing surveyors to make a Party Wall Award. The Act provides a framework for resolving disputes in a fair and structured way, protecting the interests of both the Building Owner and the Adjoining Owner.
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