Building a wall to separate your property from your neighbor’s is not as straightforward as it looks on paper. There is a lot that comes into play before breaking ground for the wall. One of the things you must do is deliver a Party Wall notice to your neighbor before construction works begin.
But what is a Party Wall notice, and why is it so important? This article will highlight everything you need to know about the Party Wall Act 1996. The guide will also highlight the benefits of this Act during construction.
What is a Party Wall?
A party wall is a wall that separates two properties. Walls separating office spaces in commercial buildings are also classed as party walls. As per this article from the HumphreysandSons website, you are required by law to follow the regulations followed in the Party Wall Act 1996 when building a shared wall or carrying out construction works near one.
The process starts with drafting a party wall notice to your neighbor two months before construction work begins. If your neighbor agrees to the terms in the notice, construction of the party wall can commence. Otherwise, you may have to take the matter for dispute resolution.
What Does the Party Wall Act 1996 Specify?
As they say, prevention is better than a cure. The role of the Party Wall Act 1996 is to prevent any future disagreements between people sharing a party wall. The Act governs the rights and responsibilities of property owners about shared walls.
The Act also offers regulations for solving disputes related to party walls. The Party Wall Act covers three types of works: excavation work that is three to six meters from your neighbor’s property, building new walls that may stand on shared boundaries, and future alterations of shared walls.
As mentioned before, you must provide your neighbor with a party wall notice before carrying out any of the works highlighted in the Act. Here is where you need to bring a party wall surveyor on board.
Your neighbor can refuse consent to your notice. However, for the dissent to be valid, the adjoining party has to dissent in writing within 14 days of receiving the notice. At this point, both parties will have to hire a party wall surveyor to resolve the dispute.
What Are the Roles of a Party Wall Surveyor?
As per the Party Wall Act 1996, the surveyor is anyone who is not a party to the works. The professional is supposed to be impartial when overseeing the process. They must also have good knowledge of construction, relevant qualifications, and understand party wall regulations.
It is often recommended that both neighbors agree on hiring one party wall surveyor. Once you have the surveyor on board, their first order of business is to draft a party wall agreement. The document covers all the necessary items and processes both neighbors have to follow during and after the construction of the wall.
A basic party wall agreement will include working hours, the type of work to be covered, access over your neighbor’s property, and future maintenance works by both parties. Bringing in a property surveyor early is crucial, especially if you are not on good terms with your neighbor.
The surveyor will help you draft a party wall notice with all of the necessary information. This notice will help make the discussions smoother and faster.
But what about the fee, who is supposed to pay? Part wall surveyor’s rates vary depending on the type and size of the project. The person planning the construction work, aka the building owner, will typically foot the bills. The agreed fee will be noted in the party wall agreement before it is served.
Benefits of the Party Wall Act
Shared boundaries can cause disputes between neighboring parties. The Party Wall Act 1996 provides a legal framework for property owners. It provides impartial regulations, reducing the potential for disputes and costly alternative dispute resolution proceedings.
The Act also protects the rights of the building owner and adjoining party. This is by ensuring that the works are carried out safely without infringing the privacy of either party. Both parties also have a responsibility to maintain the wall.
Alternative dispute resolution proceedings can take a long time, which can put construction works on hold. The legal framework provided in the Party Wall Act ensures that the appointment of surveyors promotes fair dispute resolution.
Final Thoughts
The Party Wall Act 1996 is an essential piece of legislation that regulates construction work involving shared walls and boundaries in the UK. By following the regulations and guidelines provided in the Act, building owners and adjoining parties can minimize disputes, protect their rights, and ensure that construction projects go as planned.
If you are planning to build a party wall or carry out any work near a shared wall, hiring a party wall surveyor will make the process fair and smoother.
