In easy terms a party wall sits astride a limit to land belonging to 2 or more different owners and forms part of a building on one or both properties.
A wall which sits astride the border but does not form part of a building is a Party Fence Wall for the purposes of the Act.
The term Party Structure is likewise used in the Act. A flooring structure separating flats is one example of a Party Structure.
When does the Party Wall Act use?
The Act will apply when:
Numerous works are completed to an existing Party Wall or Party Structure
New structures or structures are erected approximately or sat astride the boundary line
Excavations are completed approximately 6 metres of a structure on a neighbouring property which have the prospective to weaken the structures of that structure
The Act uses to my works, what do I do now?
If the Act uses you will be obliged to serve a Party Wall Notification on your neighbour, setting out details of the works at hand and supplying essential info such as strategies, proposed beginning dates etc. When it comes to more info adjacent excavations you might need to supply professional details of structures.
You will be obliged to offer your neighbours between 1 and 2 months notification of start of work depending on which area of the Act applies.
What occurs if my neighbour challenge my Party Wall Notice?
The Act provides you the right to complete different kinds of work on or around the border line so provided your works are covered by the Act your neighbour's objection can not stop you going on however will mean that you are obliged to follow the Dispute procedure set out under Area 10 of the Act.
This needs you to select a Party Wall Property surveyor to act upon your behalf. Your neighbour has the right to appoint their own surveyor or they may agree in the visit of a single 'Agreed' surveyor. Where two property surveyors are selected they will concur on the consultation of a 3rd surveyor to adjudicate/referee where the 2 property surveyors can not concur.
The property surveyor prepares the Agreement/Award which sets out the rights and commitments of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
What is a Party Wall Agreement/Award?
This is a written document prepared by the property surveyor detailing the rights and commitments of the owners. The contents are agreed by the survey and upon completion the Contract is served on the owners.
This is a legally binding document which can be imposed by the County Court where needed.