In simple terms a celebration wall sits astride a boundary to land owned by two or more different owners and forms part of a building using one or both properties.
A wall which sits astride the boundary but does not form section of a building is really a Party Fence Wall for the purposes of the Act.
The term Party Structure can be found in the Act. A floor structure separating flats is one of these of a celebration Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to an existing Party Wall or Party Structure
New buildings or structures are erected up to or sat astride the boundary line
Excavations are completed around 6 metres of a structure on a neighbouring property that have the potential to undermine the foundations of this structure
So the Act applies to my works, what do I do now?
If the Act applies you will end up obliged to serve a celebration Wall Notice on your own neighbour, setting out information on the works at hand and providing key information such as for example plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist information on foundations.
You will end up obliged to give your neighbours between 1 and 2 months notice of commencement of work based on which portion of the Act applies.
What happens if my neighbour objects to my Party Wall Notice?
https://adair-egeberg.mdwrite.net/the-party-wall-act-whats-that-all-about offers you the right to perform various types of focus on or around the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but will mean that you are obliged to follow the Dispute procedure set out under Section 10 of the Act.
This requires one to appoint a Party Wall Surveyor to do something on your behalf. Your neighbour gets the right to appoint their own surveyor or they may agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they'll acknowledge the appointment of a third surveyor to adjudicate/referee where in fact the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This is usually a written document prepared by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is a legally binding document which can be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who have been working with the Party Wall Act since its inception in 1996. Go to this website will end up dealt with by a specialist Party Wall Surveyor with connection with all aspects of the Act who is able to advise you simply and clearly how best to meet your obligations under the Act.