If you are in England or Wales, you cannot wake up one day and decide to build a fence or wall separating your property from your neighbour’s. There are procedures to follow before breaking ground for a shared fence or construction project near your property’s boundary. Here is where the Party Wall Act 1996 comes into play.
Most people don’t know about the Act and its role in the building and construction industry. It targets a few areas: excavations near property boundaries and shared boundary walls. Herein, we delve into the Act’s primary roles and what benefits it brings to the table.
How Does It Work?
The Party Wall Act 1996 was enacted in 1997. Its primary role is to prevent disputes arising from construction works near property boundaries. The process starts by offering a written notice to your neighbours citing the work you plan to do. The purpose of this notice is to ensure transparency and foster communication from the beginning.
Your neighbours and other relevant parties issues with the notice have 14 days to respond. The Act provides a framework for you to appoint a party wall surveyor if your neighbours don’t respond or disagree with your notice. The party wall surveyor will be a negotiator for everyone mentioned in the notice.
Party wall surveyors are experienced professionals who understand local building laws and regulations. They are also well-versed in dispute resolution and arbitration, and their role is to provide a way forward without favouring any party. After assessing the situation and negotiating with both parties, the party wall surveyor will provide a party wall award.
The award is a legal document with details and responsibilities for both parties. It includes all details, such as the project timeline, who will maintain the wall, and who will cover the cost of damage during the construction period.
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What Benefits Does the Act Provide?
The number one benefit is dispute prevention and resolution. The Act has frameworks to ensure that both parties are treated fairly. This prevents the risk of time-consuming and costly legal disputes between neighbours.
Another thing worth noting is the clarity regarding project timelines and maintenance costs. The project owner must indicate all the necessary details when issuing their notice. This way, your neighbours can plan to ensure the project is successful. The award includes roles for each neighbour in maintaining the wall.
The Act also helps protect building owners from damage and liability during the construction of shared walls. Any work done within and outside your building will be done with care to minimize the chances of damage.
Finding the Perfect Party Wall Surveyor
Having a professional party wall surveyor is crucial if you want to construct a shared wall or building job near your neighbour’s property. They will help you in drafting the party wall notice.
A professional and well-detailed party wall notice will help you get the green light from your neighbours. Look out for a surveyor with experience in local building laws and regulations. Also, discuss payment and get a written contract.
