The Party Wall Process:
This process is all based around the Party Wall etc. Act 1996
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 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.
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