The Party Wall Process
This process is all based around the Party Wall etc. Act 1996. About Party Wall Notice Given Below.
The main purpose of the Act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings.
Building owners are given statutory rights that did not exist in existing common law when undertaking certain types of construction as defined by the Act.
The Party Wall Process Explained
The types of works covered by the Act are:
There are three types of party wall notice namely a Line of Junction Notice, Party Structure Notice and Section 6 Notice. The circumstances under which may be served are detailed below:
If you are planning to build a new wall either as a Party Wall or a Party fence wall (astride a boundary) subject to your neighbour’s consent or up to the line of junction and wholly on your own land, a Section 1 Notice must be served.
If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.
If you are planning to excavate within 3m of neighbour’s foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour’s foundations, then a section 6 notice must be served.
These types of work all require notices to be served as required by the act, once notice has been served, if there is dissent then it is deemed there is a dispute and the Act allows for this, this would be the dispute or resolution stage. Most disputes arrive when the Adjoining Owner has worries or concerns with the proposed work or simply fails to respond in the statutory time to the building owner, for which there could be many reasons.
Where a dispute arises either due to non-consent or no response then the Act lays down the steps required to resolve the dispute this is where the Building Owner and the Adjoining Owner will each appoint there Surveyor this could be one each or even the same surveyor with an agreement for all parties working as the Agreed Surveyor.
Party Wall Surveyors, will deal with disputes by issuing an Award. Party Wall Award(s) are ways of dealing with disputes under the Party Wall etc. Act
At Home Heroes we are able to work on your behalf both before the need for a party wall surveyor by preparing and serving notice and once a dispute is deemed, we have experience working as building owners, adjoining owners and even an agreed surveyor.
Received a Party Wall Notice?
We can help please consider calling us to discuss your needs or complete the contact us form on this site
Architects, Property Developers and Neighbours
We offer a free, no obligation review of plans and drawings in order that we can advise you and /or your Architect whether the Act applies to your proposed development or indeed whether you are likely to be affected by a development proposed by your neighbour. Click Here to send us the details
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Need Help….Still have questions about your work…. Why not complete the below form tell us a little bit about your work and we will get back to you to answer your question alternatively you can ring for free no-obligation Party Wall Advice.
We cover Canterbury, Margate, Ramsgate, Whitstable, Herne Bay, Folkestone, Dover, Deal, Ash, Sandwich, Faversham, Sittingbourne and Other Kent Locations for all Our Party Wall, Building Surveys, Home Buyer Reports.
You can download a copy of the act, the explanatory guide for homeowners below