The UK Party Wall Act of 1996 was enacted to avoid and solve disputes between neighbors who share a common boundary. It defines the rights of owner's of buildings as regards any building, alteration, renovation or repair work to boundaries and walls between adjacent properties.
Most Commonly Used Rights
The most popular rights by building owner's are as follows:
Adjacent excavation and construction
Construction of new party and boundary walls
Cutting into walls to take beam bearings or to insert damp proofing
Demolish and rebuild a common boundary
Increase the height of a wall
Raise the thickness of a wall
Underpin the party wall
Your Duties Beneath the Act
If you plan to carry out any work to common boundaries, you must give notice to all or any adjoining home owners. You cannot cut into your side of the party wall without informing your neighbors of your intentions. The act will not provide for any specific enforcement procedures but in the event that you fail to serve notice, you risk being served with a court injunction or your neighbor(s) may seek various other legal redress.
Your neighbors cannot stop you from exercising your rights beneath the Party Wall Act however they have a say in when and how the work is undertaken. The act also expressly states that you may not cause unnecessary inconvenience to your neighbors. Inconvenience in cases like this specifically refers to any additional nuisance over and above whatever would predictably occur when the work is completed in the correct manner.
Owners of adjoining properties should take note that the main reason for the Party Wall Act would be to facilitate development and is not meant to be considered a hindrance. In case you fail to respond to a notice given beneath the act, the developer/building owner may appoint a surveyor on your behalf and the dispute resolution process will proceed without your consent.
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In the event an agreement can't be reached between adjoining property owners, the legal requirement would be to appoint a Party Wall Surveyor. Surveyors are legally mandated to do something impartially; they should not favor the appointing owner. The property owners may also appoint a surveyor each to allow them to arrived at an agreement on their behalf. However, this is a more expensive and time-consuming option. In the former case, the owner intending to undertake work pays the surveyors fees including fees reasonably incurred by his neighbor(s).
When selecting https://french-dupont.thoughtlanes.net/how-will-the-party-wall-act-affect-the-installation-of-my-conservatory-1712715373 , one should be careful to appoint a professional with a history of surveys of the nature. The reason being that is a highly specialized field with serious legal implications in the event an error or omission is committed.
If you are planning some work and your neighbor has didn't react to your notice or you are currently involved with a dispute, call AA Projects and get help from top notch Party Wall Act surveyors.