PARTY WALL (ETC) ACT 1996

Sherwood Surveyors can advise you on The Party Wall (etc) Act 1996.  We endeavour to achieve the best result whilst dealing with the Party Wall Act for both parties, both the Building Owner and the Adjoining Owner.

In brief the Act provides a building owner with additional rights (above common law rights) to carry out various types of work to a party wall in brief these include:

• Cut into
• Raise
• Demolish
• Rebuild
• Underpinning (to strengthen as part of internal alterations such as a loft conversion)

The Act also provides rights for the formation of excavations within 6m of a neighbouring building for example new foundations for an extension.

The two types of Party Wall are recognised as:

• a party wall if it stands astride the boundary of land between two or more different owners.

• a party fence wall when the wall does not form part of a building and stands astride the boundary line between lands of two owners (used to separate those lands).

• The Act also covers party structures which include a floor or wall partition (or other structure) that separates buildings or parts of buildings approached by separate entrances or staircases.

Building Owner

Under the Act the Building Owner has to give written notice to all of the adjoining owners prior to undertaking any works. The notice period required depends upon the type of notice to be served and while there is no enforcement procedures contained in the Act the failure to serve a notice could delay the works if the adjoining owner decides to pursue legal redress such as a court injunction.

Sherwood Surveyors can prepare all Notices under the Act we can also advise on the works and prepare the accompanying specifications and drawings for issue. Seeking professional advice can save changes that may need to be made to the design at a later stage this can prove to be costly and can also delay the programme.

Adjoining Owners

If you disagree with the notice served on you by the Building Owner or would like to influence the works including the process and timing of the works then you have the option to appoint one of our Chartered Building Surveyors as your own surveyor or as an ‘Agreed Surveyor’ (if acceptable to all parties). On the condition that you are not benefiting from the works our fees are normally paid by the Building Owner. We will then work to agree a fair and impartial Award which will set out the practicalities of the works.

In preparing an Award we will always recommend that a Schedule of Condition (SOC) is attached to the Award. The SOC provides a record of the condition of your property prior to the commencement of the works. If any damage occurs this can then be easily identified and rectified by the Building Owner as they are legally responsible for rectifying that damage. Sherwood Surveyors would be happy to provide the schedule.

Third Party Surveyor

Sherwood Surveyors can provide a Chartered Building Surveyor to act as ‘Third Surveyor’ as noted to S10 of the Act.

We offer a professional and value-for-money service call us now on 07530 291 367, 01909 512 149 or email us at info@sherwoodsurveyors.co.uk if you would like to discuss any of these services in further detail with our experienced Chartered Building Surveyors.  Give us a call today.