PARTY WALLS - LONDON
LONDON EXPERT PARTY WALL SURVEYORS |
Planning a conservatory or extension? We are a friendly, expert surveyor team with wide experience in London and we can help you meet the challenges
The Party Wall Act
The Act sets out certain procedures whereby the person or persons proposing to carry out the works, the “Building Owner” is required by law to “serve notice” on his neighbours, “the Adjoining Owner”, who may be affected by the works. The Adjoining Owner may consent to the works, at which point the Building Owner has discharged his duties under the Act, and may proceed. The Adjoining Owner may also “dissent”. This means simply that the adjoining owner would like representation prior to works commencing, either via a surveyor of his or her choosing, or they may use the Building Owners surveyor, the “Agreed Surveyor”. This is quite normal practice. By dissenting the adjoining owner is not against the works proceeding but is availing themselves of the services of a surveyor with the eventual intention of entering into an “Award” with the Building Owner. This is a legal document which sets out the rights and roles of both parties and would usually include drawings and any other relevant information showing clearly the works that fall under the Act. It would also usually include a schedule of condition of the parts of the Adjoining Owners property that could be affected by the works. The surveyors fees for carrying out this are met by the Building Owner. The intention of carrying out all of the above is to try to prevent any future dispute between neighbours once works have started, particularly regarding access for the works, a perceived variation of what was going to be built, or any claim that damage has been caused by the works. By “ invoking” the Act, the Building Owner, amongst other things is, · Build up to the boundary between properties and have access via a · Raise or rebuild a party wall or structure; · Cut into the party wall or an adjoining owners structure built up to the · Excavate foundations within 3 metres of a neighbouring property and to It follows therefore that the Act is a powerful piece of legislation, and if used correctly, may mutually benefit both parties. |