The Act enables a building owner to attempt work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out an operation whereby the problem is referred to surveyors for determination by Award. The Party Wall Act 1996 is supposed to provide a framework for preventing and resolving disputes with regards to party walls, boundary walls and excavations near neighbouring buildings.
The Act provides a fair solution to the problems which are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers "party structures" such as walls, floors or other partitions between parts of a building in separate ownership.
Does the Act affect the ownership of a celebration Wall? No, however in many cases the Act will prevent disputes arising in the first place.
The Party Wall Act offers a building owner, who wishes to carry out different styles of work to a preexisting party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner should never cause unnecessary inconvenience. Although the Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights directed at them by the Act, but might be able to influence how and at what times work is undertaken. Adjoining https://postheaven.net/windtile0/how-does-the-party-wall-act-affect-building-work should note that the primary reason for the Act is to facilitate development.
Under the Act, notice should be served and when agreement can't be reached, surveyors could be appointed.
If agreement can't be reached between neighbouring parties, the procedure is really as follows: A Surveyor or Surveyors is/are appointed to determine a good and impartial Award, either: An 'Agreed Surveyor' (someone acceptable to all or any parties), or two surveyors representing both home owners. The two surveyors will nominate a third surveyor who be called in only if both surveyors cannot agree. In all cases, surveyors appointed beneath the dispute resolution procedure of the Act to draft an award must behave impartially and consider the interests of both neighbours.
The surveyor (or surveyors) will prepare an "award" (also known as a "party wall award"). This is a document which: sets out the work that will be carried out, says when and how the work is usually to be carried out (for example, not at weekends if the buildings are domestic properties), records the condition of next door before the work begins (so that any damage could be properly attributed and made good), allows access for the surveyors to inspect the works while they go on (to see that they are in accordance with the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been completed relative to the award.
The dog owner undertaking the construction is made legally responsible for putting right any damage caused by undertaking the works, even though the damage is caused by his contractor. Although minor works on a party wall are usually regarded as too trivial ahead beneath the remit of the Act, the key point to be considered is whether any planned work will have consequences for the structural strength and support functions of the party wall.