The Party Wall Act is entirely separate from any other statutory consents such as Planning Permission, Listed Building Consent or Building Regulation Approval.
The Party Wall Act does not just cover work that directly affects a ‘party wall’, it also includes the following:
The general principle of the Party Wall etc. Act 1996 is that any work which might affect the structural strength or support function of the party wall, has the potential to damage the neighbouring property or cause inconvenience to the adjoining occupiers must be notified. Examples of work covered by the Party Wall Act include:
Serving Notices Under The Party Wall Etc Act 1996
The owner intending to undertake the building works (the “Building Owner” under the Act) must serve a written notice on the owner(s) of the adjoining property (the “Adjoining Owner(s)” under the Act), with the notice setting out the work to be carried out. The serving of the notice must take place at least 2 months before the start of the planned work where the work directly affects a party structure or 1 month in advance for adjacent excavation and new walls at the boundary.
No work is permitted to start until all neighbouring parties have given their written consent or surveyors have been appointed and disputes settled by way of a party wall award.
Once an agreement has been reached, all work must comply with the notice.
If it transpires that agreement between all the neighbouring parties cannot be reached, one or more of the appointed surveyors will need to resolve the dispute by serving an impartial party wall award.
All surveyors must act within their statutory responsibilities to produce an award that is fair and impartial to all parties concerned. Once a party wall award has been served, there are 14 days within which either Owner (Adjoining Owner or Building Owner) can appeal to the County Court.
We have extensive experience and are expert in dealing with neighbourly disputes and all manner of party wall matters. Our experience and skillset also extends to dealing with scaffold and oversailing licences and negotiating wayleave agreements.