In easy terms a party wall sits astride a limit to land belonging to 2 or more different owners and types part of a building on one or both residential or commercial properties.
A wall which sits astride the limit but does not form part of a building is a Party Fence Wall for the purposes of the Act.
The term Party Structure is likewise used in the Act. A flooring structure separating flats is one example of a Party Structure.
When does the Party Wall Act use?
The Act will apply when:
Various works are finished to an existing Party Wall or Party Structure
New buildings or structures are erected approximately or sat astride the border line
Excavations are completed approximately 6 metres of a structure on a neighbouring residential or commercial property which have the potential to weaken the foundations of that structure
So the Act uses to my works, what do I do now?
If the Act uses you will be obliged to serve a Party Wall Notification on your neighbour, setting out details of the works at hand and offering key info such as plans, proposed start dates etc. In the case of surrounding excavations you may need to supply specialist information of foundations.
You will be required to give your neighbours in between 1 and 2 months notification of beginning of work depending upon which section of the Act uses.
What takes place if my neighbour challenge my Party Wall Notification?
The Act gives you the right to complete numerous types of work on or around the border line so provided your works are covered by the Act your neighbour's objection can not stop you going on however will mean that you are obliged to follow the Conflict treatment set out under Area 10 of the Act.
This requires you to designate a Party Wall Property surveyor to act upon your behalf. Your neighbour has the right to designate their more info own property surveyor or they might agree in the appointment of a single 'Agreed' property surveyor. Where 2 property surveyors are appointed they will settle on the visit of a 3rd property surveyor to adjudicate/referee where the 2 property surveyors can not concur.
The surveyor prepares the Agreement/Award which sets out the rights and responsibilities of both celebrations and consists of a Set up of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This is 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 Contract is served on the owners.
This is a legally binding document which can be enforced by the County Court where required.