Are you intending to do any developments near a party wall or boundary?
The legislation (Party Wall etc. Act 1996) in itself can be intimidating for many people to have to wade through.
Everybody homeowners, builders, neighbors alike can have a hard time figuring out what you are allowed to do or not and when.
We strive to provide straightforward, pragmatic advice. Jason Edworthy Bedford provides innovative and tailor-made legal services for individuals. We make sure your project is also legal and runs smoothly.
Party Walls
Party walls are those belonging to two houses. In fact, those walls frequently straddle the line that separates one property from the next. In most cases they are located in semi-detached or terraced homes. The shared walls also belong to the 2 neighbours. But the law would extend to such walls whether set on the line or wall is found on one and appropriated by the other.
Party Structures
These would be the elements that separate parts of a building from other parts such as floors or ceilings that separate one apartment or flat from the next and so on. Any bro-wall or floor which separates any two units from each other is a typical partition under the Act. What this is all code for is that if you wanted to do anything to these shared ownership living spaces, including change them in any way, you’d at least need to give formal notice.
Boundary Walls
Walls put up on the boundary line (so-called “Line of Junction”) between two properties are within the Act. These can be garden brick walls, and other types of garden walling such as stone etc. “But light wood fences are not in there.
Excavation Works Near Neighbouring Property
If you’d like to dig near a neighbour’s building say, within three metres of the thing and your building’s going to have a base deeper than their own, you’re supposed to tell them. You should also tell them if you are planning to dig within six metres and whether the work could descend to the bottom of their building at a 45 degree angle.
Renovation within a Party Wall
Any changes to the construction of the party wall is considered under the Act. What types of work count: Cutting into wall, putting in steel beams, removing chimney parts or adding to the height of a wall. If you do things like damp-proof courses or heating insulation and need to change the wall at all, such as when work is done on a loft extension, then you might also need permission.”
New Fences On The Border-ground.
If you would like to build a new wall up to or astride line of the boundary that you share with your neighbour then you can do this in law. You will need to serve a notice on your neighbour under the Party Wall etc. If you do want the wall to sit bang on the boundary line then, again, you will need written consent from a neighbour.
Do you have a wall in common with your neighbour?
If you live in a semi-detached, terraced or flat/apartment block there is likely to be at least one wall you share with another home. If you’re doing any building or repair work on your home that affects a wall that adjoins your neighbour’s property technically known as a party wall it may come under the Act.
Are you working on a party wall?
(You are, say, cutting into the wall for steel beams, chimney removal or a new door opening.) That implies right now that you will be working with the equilibrium on the party wall? For example: You make a cut in the ceiling and leave exposed beams.
PLP Response: For this example of alteration type, contrary to the process you provided, party wall notices should always be served.
Will you be constructing near the boundary line?
Even if you do not actually work on the party wall that has been erected, construction of a new building either on or very close to (beneath) the dividing line between property and your neighbour’s could be worked on which is covered by the Act.
This applies to things like extensions, garden offices and other outbuildings.
Are you guys building a house between the two apartments?
The ceilings, floors or walls in flats or maisonettes which are shared with other units are known as party structures.
So, if you’re altering, drilling or even just making one of these bigger, then you need to notice how whether you have to ask your neighbour for permission.
Experience: We’ve been doing this for years. Specialist in the Party Wall etc. Act 1996. We make sure your project abides by all applicable rules. We also provide sound professional advice along with plain straightforward advice to our clients.
Impartial: We work in the most fair way possible, protecting building and adjoining owners.
Time: You can have our system in place with no downtime in your project.
Open Communication. We have conversations with all parties, so maintaining awareness at all times brings secondary buyers and neighbour sales.
Party Wall Surveyor Bedford Step Three Party Wall surveying work is managed according to statutory control under party wall legislation by Party Wall Surveyor Bedford who is an independent third party appointed by the adjoining owner to take control of the building work that may affect shared walls, boundaries or structures of neighbouring buildings. Their responsibility is to ensure the work is carried out in a fair, safe and legal way protecting the rights of both the building owner and their affected neighbour (who’s known as the adjoining owner).
Impartial Assessment
Reason 4- A party wall surveyor Bedford, by law has to be impartial -even if they were appointed by one of the parties. They are not charged with “taking sides,” but rather to fairly evaluate the proposed work and how it impacts each property. They are the servants of the Party Wall Act not of the appointing owner.
Reviewing the Building Plans
They look at the designs for the proposed works to see (a) whether or not the proposed work falls within the Act, and (b) what impact it’s like having on their neighbour's land. This is a basis to define how much protection or intrusion we need.
Serving or Responding to Notices
An early enough if you appoint our Building Surveyor who can help prepare the necessary party wall notices to serve on neighbouring owners 6. Or if the neighbour has been served and there is a dispute, it may be necessary to appoint a surveyor on behalf of the neighbour to protect their own interests.
Schedule of Condition Executed
One of the most important duties is the inspection and recording, in a record, of what is being done on adjacent property before anything has been done. This “schedule of condition” is supported by photographs and written notes on any existing cracks, defects and wear and tear providing a baseline in case of disputes later.
Preparing the Party Wall Award
The surveyor serves a Party Wall Award which outlines what work can be done, who will do it and how/when it will be done, as well as access for the builder (this might include only access to the site etc).– protection for the adjacent owner’s property (and those of owners properties) along with everything else required put in place.
Monitoring and Compliance of Work
Whilst it is not mandatory, the appointed party wall surveyor Bedford might also attend statutory inspections through the works to make sure that the award is being adhered to and no damage is occurring about the adjoining property.
Resolving Disputes
And if there is a dispute during or after the work for instance, over damage claim, issues regarding access to land or an alleged breach of the award the party wall surveyor Bedford may investigate and try to achieve an amicable settlement. Their decision is binding, provided it is not challenged in court.
This ruling is now legally binding unless challenged in court.
Coordinating with Other Surveyors
You may in some cases engage your own surveyor test on each property. They will then work together to resolve the difference and produce an Award. If they can’t agree, a third surveyor (previously agreed to) may be called in to cast the deciding vote.
A step-by-step of what to expect when you're planning work near a shared boundary Knowing the party wall process can save time, stress, and neighbour arguments. Whether you are extending into your street-side patio or building up to a border, here’s how the process usually goes down under the Party Wall etc. Act 1996:
Check if the Act Applies
Before work begins, see whether your project involves a shared wall or boundary, or if there will be excavation close to or on a neighbour’s property.
If it does, the Party Wall Act will apply.
Serve a Party Wall Notice
The owner of the building is required to send a written notice to the neighbours concerned, delineating the proposed work.
That would be at least one, or preferably 2 months before mentioned time.
Wait for the Neighbour’s Response
The neighbours can say yes or no.
If not, it’s considered a dispute and the plans need to be reviewed by surveyors.
Appoint Party Wall Surveyor Bedford
Each side may hire its own appraiser or they can agree on one.
The surveyor(s) shall act impartially between the parties and protect the interest of both.
Receive the Party Wall Award
The surveyor(s) will then produce a Party Wall Award which will set out how the work WCCT will be conducted,
and such safeguards of the neighbour’s property.
Begin the Work
But when the award is made, work can start on it but it has to be in accordance with the terms as spelt-out.
Any harm must be repaired or paid for.
If there is damage, the schedule of condition produced prior to the work being done will be an item in relation to which newness can be identified. It enables you to more easily identify changes and what happened.
The party wall surveyor Bedford specialist would investigate the damage. They will question whether the job was done prudently. If so, the building owner is probably supposed to repair it or compensate for the damage.
“We help with fair litigation.” In yet others, the risk is being taken by insurance. It is a remedy of last resort.
When it comes to party wall matters, the building owner typically foots the bill for everything from the fee of the surveyor he or she has chosen, to that of his neighbor’s surveyor. But sometimes, parties disagree over the fees that surveyors charge or who should pay for what.
Liability: Because the building owner is asking for the work to be carried out, it will be them who pays surveyor fees.
Discuss and agree: The photographer and customer need to talk over cost as much in advance as possible, so there are fewer unwelcome surprises.
What if there is no agreement: If the neighbors and building owner cannot settle their differences on their own, one way to resolve a dispute can be in court. A judge could then decide who should pay, and how much.
Fairness to surveyors: Surveyors are impartial professionals who try never to get paid more than they earn.
Disputes de escalation: Choosing an experienced surveyor and having the fee discussion at the outset, means there’s much less chance of a costs-related argument.
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