Party wall issues? Here are a few advices: What is covered by the Act? There are certain items of work that you can only be done after notifying the adjoining owners and either receiving written agreement of the neighbour or with a Party Wall Award prepared by a surveyor/s. Notifiable works include (but are not limited to): cutting into a wall to take the bearing of a beam, for example for a loft conversion, inserting a damp proof course, even if only to your own side of a party wall, raising a party wall and, if necessary, cutting off any objects preventing this from happening, demolishing and rebuilding a party wall, underpinning a party wall or part of a party wall, weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building, excavating foundations within three metres of a neighbour’s structure and lower than its foundations, excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
In order to ascertain whether any damage to your neighbour’s property has been caused by the execution of the works, a ‘Schedule of Condition’ is normally prepared by the party wall surveyor(s) prior to the works, which can then be referred to following completion. The building owner undertaking the works will be liable for any damage caused. For this reason and to avoid false claims, even in the event your neighbour agrees to the works and accepts the notice it is strongly advisable to prepare a Schedule of Condition of their property in the areas which may potentially be affected.
The Party Wall Act requires you to serve notice on any neighbours that may be affected by your planned works either 1 or 2 months in advance depending upon which type of notice it is. The first decision you have to make to be made is whether to serve the notice yourself or get a Party Wall Surveyor to do it for you. There are no prescribed forms for the notice so there is no reason why you should not do it yourself (there are some sample letters in Part 5 of the Party Wall leaflet) although if you are going to be appointing a surveyor later it would be better to get them to serve the notice as well.
The Party wall act, the Party Wall etc. Act 1996 act to give its full name is a piece of legislation that was mainly transferred from Part VI of London Building Acts (amendment) Act 1939, it applies in England and Wales. The main purpose of the act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law, when undertaking certain types of construction as defined by the Act. As well as these rights it obliges Building owners to give appropriate notice and for the relevant notice period if they intend on carrying out the defined work. Read more info at Party wall surveyor.